The High Court of Bombay at Goa has imposed a fine of Rs 50,000 on an appellant in a case related to a loan.
The appellant Prabhat T B had challenged the judgment and order dated March 15, 2013 made by the Special Judge, North Goa at Panaji in a case convicting the appellant for the offence under Section 13(1) (c) of the Prevention of Corruption Act, 1988 (said Act) and sentencing him to undergo rigorous imprisonment for a period of one year, pay fine of Rs 500 and in default to undergo simple imprisonment for seven days.
The High Court said, “Taking into consideration all the aforesaid circumstances, this is a fit case where, the appellant’s conviction under Section 13(1) (c) of the said Act is liable to be set aside and the same is liable to be substituted with the conviction under Section 403 of IPC.” It added, “Insofar as the issue of sentencing is concerned, taking into consideration the age of the appellant, the condition of his health and also the circumstance that the appellant ultimately repaid the loan amount together with penal interest, the punishment of imprisonment does not seem to be appropriate. Besides, the record indicates that the appellant has already been dismissed from service and there are some issues relating to his terminal benefits also pending. Upon the cumulative consideration of all these circumstances, rather than impose a punishment of imprisonment, the ends of justice will be met if, the appellant, is required to pay a fine of Rs 50,000 and in default to undergo simple imprisonment of three months.”