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2006 Supreme(Mad) 699

S.SARDAR ZACKRIA HUSSAIN
T. K. Thiruvengadam & Sons & Another – Appellant
Versus
Nachi Exports, rep. by its Proprietor – Respondent


Advocates Appeared:For the Petitioners:Mr. R. Vijayaraghavan, Advocate. For the Respondent:Mr. G. Anand, Advocate.

Judgment :-

(This Criminal Revision is filed under Section 401 read with 397 of Criminal Procedure Code against the Judgment of III Additional Judge, City Civil Court, Chennai in C.A.No.262/2003 dated 29.01.2004 confirming the sentence and fine and setting aside the compensation of Rs.11,00,000/-, as ordered by the XVIII Metropolitan Magistrate, Saidapet in C.C.No.4851 of 1996 dated 7.8.2003.)

The revision petitioners are A1 and A2 in C.C.No.4851 of 1996 on the file of XVIII Metropolitan Magistrate Court, Saidapet, Chennai-15. They were found guilty for the offence punishable under Section 138 of the Negotiable Instruments Act imposing fine of Rs.5,000/- to the first accused payable by the second accused, in default to undergo three months simple imprisonment and convicting and sentencing the second accused to undergo one year simple imprisonment. It is further directed to pay a sum of Rs.11,00,000/- as compensation to the de facto complainant, as per the judgment dated 07.08.2003. In Crl.A.No.262 of 2003 on the file of III Additional Sessions Court, Chennai, the above conviction and sentence were confirmed setting aside the order of compensation of Rs.11,00,000/-, as per the judgme














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