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TMI Blog2019 (8) TMI 1289X X X X Extracts X X X X X X X X Extracts X X X X ..... below is modified and the revision petitioner is sentenced to imprisonment till the rising of the court. Since the first respondent/complainant has received the entire amount due to him, no sentence of fine is imposed on the revision petitioner. Revision allowed in part. - Crl. Rev. Pet.No. 939 OF 2019 - - - Dated:- 26-8-2019 - MR R. NARAYANA PISHARADI, J. For The PETITIONER : ADV. SRI.C.P.PEETHAMBARAN For The RESPONDENTS : ADV. SRI. T. V. JAYAKUMAR NAMBOODIRI ORDER The revision petitioner is the accused in the case S.T. No. 56/2015 on the file of the Court of the Judicial First Class Magistrate-II, Payyannur. Conviction entered and sentence imposed on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in default of payment of fine to undergo simple imprisonment for a period of three months. 5. The revision petitioner/accused challenged the conviction and sentence entered against him by the trial court before the Court of Session, Thalassery in Crl.A.No.160/2016. The learned Sessions Judge dismissed the appeal confirming the conviction entered and sentence imposed on the revision petitioner. 6. Heard learned counsel for the petitioner and the first respondent. 7. On a perusal of the judgments of the trial court and also the appellate court, I find that there is no illegality, impropriety or error in the finding that the revision petitioner committed an offence punishable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he rising of the court. Since the first respondent/complainant has received the entire amount due to him, no sentence of fine is imposed on the revision petitioner. 11. It is submitted by the learned counsel for both sides that the revision petitioner is in jail, in execution of the sentence awarded by the courts below, from 15.08.2019 onwards. In view of the modification of the sentence made by this Court as above, the revision petitioner need not suffer any further sentence and it is directed that if he is in jail in execution of the sentence in this case, he shall be released forthwith. It is made clear that he need not surrender before the trial court for undergoing the sentence of imprisonment till the rising of the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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