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K.N.BASHA
L. R. Seetharaman – Appellant
Versus
V. S. Muthuswamy – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. R. Asokan, Advocate.
For the Respondents:Mr. B. Jayaraman, Legal Aid Counsel, Advocate.

JUDGMENT

K.N. Basha, J.—This revision is preferred by the complainant challenging the order of the learned Judicial Magistrate No. III, Coimbatore for the enhancement of sentence awarded to the respondent/accused for the offence under Section 138 of the Negotiable Instruments Act by the judgment of conviction dated 27.4.2003 in C.C. No. 949/97 convicting the respondent accused for the offence under Section 138 of the Negotiable Instruments Act and imposing only a fine of Rs. 5,000, in default, two months’ simple imprisonment.

2. Mr. R. Asokan, learned counsel appearing for the revision petitioner submitted that the order under challenge in this revision is presently for the limited purpose for enhancement of the sentence as the learned Magistrate awarded only a very meager sentence in spite of the fact that the cheque amount involved in this matter is Rs.1,50,000 under the cheque Ex. P1 dated 18.4.1997. It is submitted by the learned counsel for the revision petitioner that the respondent/accused also not challenged the impugned order of conviction. It is also submitted by the learned counsel for the revision petitioner that the respondent is owning a cinema theatre at Koduimidi, E

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