SUGANTHI SURESH KUMAR Vs. JAGDEESHAN
SUPREME COURT OF INDIA (FROM: MADRAS)
SUGANTHI SURESH KUMAR
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Thomas, J. -
(2.)Appellant in this case is the complainant before the court of 9th Metropolitan Magistrate, Saidapet, Chennai. The offence pitted against the respondent was under Section 138 of the Negotiable Instruments Act. In fact there were two complaints arising out of two sets of cheques which were dishonoured by the drawee bank. The trial Magistrate after holding the respondent guilty of the offence convicted him of the aforesaid offence but sentenced him only to undergo imprisonment till rising of the court and pay a fine of Rs. 5000/- in both cases. Apparently the respondent was happy and therefore he did not prefer any appeal. But the complainant/ appellant was unhappy and therefore he preferred two revisions before the High Court on the premise that the sentence was grossly inadequate. He contended before the High Court that the trial Magistrate should at least have invoked the provision under Section 357(3) of the Code of Criminal Procedure (for short the Code).
(3.)However the learned single Judge of the High Court of Madras was not inclined to interfere with the sentence passed on the respondent and therefore he dismissed both the revisions. Nonetheless learned single Judge has chosen this opportunity to send a message to the trial Magistrates "to keep in mind the object of providing stringent punishment and the guidelines given by the Apex Cout in Pankaj Bhai Nagjibhai Patel vs. State of Gujarat and another, (2001) 2 SCC 595. Nor did the High Court invoked Section 357(3) of the Code.
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