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P.V. SUBBA RAO v. M. JAGATH

Supreme Court of India | Diary 31688/2024

Status

Order

Decided On

2024-11-22

Bench

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

Petitioner

P.V. SUBBA RAO

Respondent

M. JAGATH

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.4734 OF 2024 (ARISING FROM SLP(Crl.) No.14231/2024)

P.V. SUBBA RAO APPELLANT(S)

VERSUS

M. JAGATH & ANR. RESPONDENT(S)

O R D E R

1. Leave granted.

2. Heard the learned counsel for the parties

and perused the relevant material.

3. On 14.10.2024, the following order was

passed by this Court:

“The submission advanced by the learned

counsel for the petitioner is that the Trial

Court had awarded a fine of Rs.65,000/- (Rupees

sixty five thousand only) and in default four

months simple imprisonment, however, the High

Court has interpreted it to mean that the

sentence was four months simple imprisonment

and fine of Rs.65,000/- (Rupees sixty five

thousand only).

He further submitted that fine of

Rs.60,000/- (Rupees sixty thousand only) has

already been paid to the complainant as

directed by the Trial Court and confirmed by

the High Court on 01.11.2006. As such, the only

submission is with regard to clarification that

2

the four months simple imprisonment was only in

default of payment of fine and not in addition

thereto.

Delay condoned.

Issue notice to the above extent,

returnable within four weeks.”

3. Although notices were issued to the

respondents, only the State of Telangana is

represented, however, there is some defect in

service of notice to respondent no.1 (the

compla...

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