Criminal revision to enhance sentence in cheque dishonour case dismissed as infructuous because the accused had already served the entire imprisonment term.
Criminal Revision Case dismissed holding it infructuous since the accused had undergone the entire period of imposed imprisonment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.R.C.(MD)No.410 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.R.C.(MD)No.410 of 2016
Bennet @ Bennet Yesudas
... Petitioner/Complainant
versus
Arumuga Nainar
... Respondent/Accused
Criminal Revision Case filed under Section 397(1) r/w. 401 of Cr.P.C. seeking to enhance the sentence imposed upon the respondent herein in S.T.C.No.815 of 2006 on the file of Judicial Magistrate No.II, Nagercoil, dated 30.07.2007, which has been confirmed in Crl.A.No.138 of 2007 on the file of the Sessions Judge, Kanniyakumari Division at Nagercoil by awarding suitable compensation u/s.357(3) Cr.Pc. To the petitioner.
For Petitioner : Mr.A.Thiruvadikumar For Respondent : M/s.Senthil Sankaranatha Kumar
ORDER
The petitioner herein is the defacto complainant. The respondent herein is the accused in S.T.C.No.815 of 2006 on the file of the Judicial Magistrate No.II, Nagercoil and he was charged for the offence punishable under Section 138 of the Negotiable Instruments Act.
1/4
Crl.R.C.(MD)No.410 of 2016
Deputy Registrar (Accounts)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
ogy
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Sessions Judge, Kaniyakumari at Nagercoil.
Crl.R.C.(MD)No.410 of 2016
22.07.2020
SMA/06/08/2020/2P/3C
2/4
1 issue framed by the court
Whether to enhance the sentence when the accused had already undergone the entire period of imprisonment imposed by the trial court.
1 provisions across 1 enactments
Bennet @ Bennet Yesudas
Arumuga Nainar
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
