This appeal is filed under Sec.449 of Cr.P.C. The appellants were the sureties of the first accused in S.C.No.262/2013. Though, notices were issued to the appellants herein, they did not produce the accused. It is submitted by the learned counsel that the proceedings against both accused in S.C.No.262/2013 was quashed by this Court as per Crl.M.C.No.5076/2013 on 11.11.2013. The impugned order was passed by the learned Sessions Judge on 20.11.2013. It appears that the fact that the case was quashed by this Court was not brought to the notice of the learned Sessions Judge. In fact, both appellants were absent when the matter was taken up. Therefore, there was gross negligence on the part of the appellants. However, in view of the fact that subsequently, the Sessions Case was Crl.A. No.485 of 2014 -: 2 :-
quashed, the penalty imposed on the appellants can be modified. The learned Sessions Judge imposed penalty of ₹10,000/- each.
2. Taking note of all the aspects as referred to above, the penalty imposed on them shall stand reduced to ₹2,000/- each. Remission is allowed in respect of the balance amount. The appellants are granted 10 days time from today to remit the penalty amount.
This Crl.A. is disposed of as above.
Sd/- N.K.BALAKRISHNAN, JUDGE.
//TRUE COPY// P.A. TO JUDGE Jvt