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2000 Supreme(SC) 466

D.P.MOHAPATRA, K.T.THOMAS
K. V. Shivakumar – Appellant
Versus
Kanak Raj Mehta – Respondent


(1) AFTER hearing arguments of Mr. G.L. Sanghi, learned senior Counsel for the Appellant and Mr. M. Veerappa, learned counsel for Respondent No. 2 - State we did not find much scope to interfere with the impugned order.

(2) HOWEVER, learned senior Counsel for the Appellant submitted that Appellant is tendering an unconditional apology. He made a plea for accepting the said apology and save the Appellant from jail sentence. It was lastly pleaded that Appellant may be given one more chance to mend the delinquent act for which he offered to pay the entire amount due to the Government in installments. An affidavit of undertaking has been filed by the Appellant offering to pay the balance amount of Rs. 15,10,000.00 in equal monthly instalments of Rs. 1,00,000/- for a period of 15 months and the balance amount on the last i.e. 15th instalment would be Rs.1,10,000.00. The said amount will be paid without, in any manner, telescoping into the monthly rent of Rs. 25,000.00- which he has to pay even otherwise. The undertaking has incorporated that aspect also.

(3) AFTER considering ad aspects we trunk that appellate can be saved from jail sentence in view of his undertak


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