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2002 Supreme(Mad) 30

M.KARPAGAVINAYAGAM
Y. SreelathaaliasRoja – Appellant
Versus
Mukanchand Bothra – Respondent


Advocates:
Criminal Appeal preferred by the accused against the judgment dated 8.6.1999 on the file of the XV Metropolitan Magistrate, Chennai.
Criminal Revision case preferred by the complainant against the judgment dated 9.6.1999 on the file of the XV Metropolitan Magistrate, Chennai.
Vibhishman, for Appellant in C.A.No. 261 of 2001 and for Respondent in Crl.R.C.No.736 of 1999.
K. Doraisami, Senior Counsel, for K. Selvaraj, for Respondent in C.A.No.261 of 2001 and for Petitioner in Crl.R.C.No.736 of 1999.

JUDGMENT: Sreelatha alias Roja was convicted by the trial Court for the offence under Sec. 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs.5,000 in default to undergo simple imprisonment for two months. Challenging the said conviction and sentence, the accused filed an appeal before the Principal Sessions Court, Chennai and the same was admitted on 3.8.1999.

2. Mukanchand Bothra, the complainant, aggrieved over the inadequacy of the sentence, filed a revision before this Court in Crl.R.C.No.736 of 1999 and the same was admitted and notice was ordered on 23.7.1999.

3. On the application filed by the parties before this Court, the appeal against conviction pending before the Principal Sessions Court, Chennai, was directed to be posted before this Court for being heard along with Crl.R.C.No.736 of 1999. Accordingly, the said appeal papers were received by the Registry of this Court and the same was numbered as C.A.No.261 of 2000. Since both these matters are taken together for final disposal, they are being disposed of through this common judgment.

4. The facts of the case in short are these:

"(a) V. Sreelath





















































































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