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NAGARAJAN v. STARE REP. BY INSPECTOR OF POLICE

Supreme Court of India | Diary 24163/2022

Status

Order

Decided On

2024-12-05

Bench

HON'BLE MR. JUSTICE PRASANNA B. VARALE, HON'BLE MR. JUSTICE VIKRAM NATH

Petitioner

NAGARAJAN

Respondent

STARE REP. BY INSPECTOR OF POLICE

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 5059 OF 2024 (ARISING FROM SLP (CRL.) NO. 9139/2022)

NAGARAJAN ... APPELLANT(S)

Versus

STATE REP. BY INSPECTOR OF POLICE

... RESPONDENT(S)

O R D E R

Heard learned counsel for the parties.

2. Leave granted.

3. By the impugned order dated 29th June,

2022, the High Court of Judicature at

Madras has partly allowed the revision

while reducing the sentence of the

appellant from two years to four months and

the appellant was directed to pay a fine of

Rs.25,000/-(Rupees Twenty Five Thousand

only) and in default of payment of fine, to

1

undergo simple imprisonment for a further

period of two months in Criminal R.C. No.

480 of 2019.

4. We are not inclined to interfere with

the conviction of the appellant awarded

under Section 407 IPC. However, considering

the facts and circumstances of the case, we

are inclined to reduce the sentence awarded

i.e. four months simple imprisonment to the

period already undergone by the appellant

subject to fine amount being enhanced from

Rs.25,000/-(Rupees Twenty Five Thousand

only) to Rs. 1,00,000/- (Rupees One Lakh

only) to be paid within four weeks from

today before the Trial Court, failing which

the High Court order with regard to

sentence awarded to the appellant will

stand revived.

5. To the above extent, the appeal is

allowed.

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6. Pending application(s), ...

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