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2017 Supreme(Sikk) 16

SATISH K.AGNIHOTRI
Prem Singh Tamang (Golay), S/o Kalu Singh Tamang – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K. T. Bhutia, Senior Advocate with Ms. Bandana Pradhan, Mr. D. K. Pradhan and Ms. Sarita Bhusal, Mr. N. Rai, Senior Advocate with Ms. Tamanna Chettri and Ms. Malati Sharma.
For the Respondent:Mr. A. Mariarputham, Advocate General with Mr. Karma Thinlay, Addl. Public Prosecutor, Mr. N. P. Sharma, Mr. A. J. Sharma, Public Prosecutors, Mr. Santosh K. Chettri and Ms. Pollin Rai, Asstt. Public Prosecutors.

JUDGMENT :

SATISH K. AGNIHOTRI, J.


1. Both the appeals are directed against the common judgment and order of sentence dated 28.12.2016 in Sessions Trial (Vig.) Case No.02 of 2009 (05 of 2013), whereby and whereunder the appellant in Crl. A. No.01 of 2017 (hereinafter referred to as “A – 1”) was convicted of the offences under Section 403; Section 120B (2) read with Sections 403/406 of the Indian Penal Code, 1860 (in short, “IPC”) (in regard to cheque Nos.208236 and 208249) and Section 13(2) read with Section 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 (in short, “PC Act”) (in regard to the amounts concerning with the said cheques and other cheques encashed through PW-40). A-1 was sentenced to undergo SI for a period of one year and to pay a fine of Rs.10,000/- (Rupees Ten thousand) only, in default to pay fine to further undergo further SI for a period of six months for the substantive offence committed under Section 13(2) read with Section 13(1)(d)(ii) of the PC Act. Further he was sentenced to undergo SI for a period of one year under Section 403 IPC and he was also sentenced to undergo SI for a period of six months under Section 120B(2) read with Sections 403/406


































































































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