Dismissed

Baija Mohanan v. Shaiju K.J. & Another

Kerala HC22 Feb 2011Crl.Rev.Pet/476/2011

Case brief

AI extract

What is this about?

The High Court disposed of the criminal revision petition confirming the conviction and sentence. A 45-day time limit was granted to the appellant to pay the补偿金额, after which the default sentence would be attracted, and a date was fixed to receive the sentence.

What did the court decide?

Grants 45 days to pay compensation; confirms conviction and sentence; fixes date for receipt of sentence.

Baija Mohanan Vs Shaiju K.J. & Another — Cheque Dishonour | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.K.MOHANAN

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TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932

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Crl.Rev.Pet.No. 476 of 2011()

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----------------------------------------CRA.560/2009 of 1 ADDL. SESSIONS COURT, THRISSUR CC.747/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR

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REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------------------------------------

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BAIJA MOHANAN, AGED 39 YEARS, W/O.P.R.MOHANAN, CHEMBUCHIRA P.O. KODAKARA.

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BY ADV. SRI.S.RAJEEV

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RESPONDENT(S): COMPLAINANT & STATE

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---------------------------------------------------------------

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1. SHAIJU K.J., AGED 39 YEARS,S/O.JOSE, KANIMANGALATHUKARAN HOUSE, CHIYYARAM DESOM, THRISSUR - 680 609

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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R2 BY PUBLIC PROSECUTOR SMT.REKHA C. NAYAR

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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V.K.MOHANAN, J.

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Crl. R.P. No. 476 OF 2011

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-------------------------------------------- Dated 22^nd day of February , 2011

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ORDER

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The challenge in this Crl.R.P. is against the conviction and sentence imposed against the revision petitioner under section 138 of the Negotiable Instruments Act as per the impugned judgments.

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As this court is not inclined to interfere with the

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order of conviction, the learned counsel submitted that a breathing time may be granted to the revision petitioner to pay the compensation amount fixed by the courts below. Having regard to the facts and circumstances involved in the case, I am of the view that 45 days time can be granted to the revision petitioner to pay the compensation amount.

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In the result, this Crl.R.P is disposed of confirming the conviction of the revision petitioner under section 138 of the NI Act recorded by the courts below. Accordingly, while confirming the sentence of imprisonment, the direction to pay compensation and the compensation amount and also the default sentence as fixed by the appellate court, the revision

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CRL.R.P.476/11

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:-2-:

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petitioner is granted 45 days time to pay the compensation amount. It is made clear at that the default sentence fixed by the appellate court will be attracted only case of default on the the part of the revision petitioner in paying the compensation within 45 days time. Accordingly, the revision petitioner is directed to appear before the trial court on 8^th April, 2011 to receive the sentence and to pay a compensation amount. If there is any default on the part of the revision petitioner in appearing before the trial court on the above date and paying the amount, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 8^th April , 2011 .

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This Crl.R.P is disposed of accordingly.

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V.K.MOHANAN,

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kvm/-

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CRL.R.P.476/11 :-3-:

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kvm/kvm/V.K.MOHANAN,

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JUDGE.

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kvm/-

Baija Mohanan v. Shaiju K.J. & Another

Case brief

What is this about?

What did the court decide?

Baija Mohanan v. Shaiju K.J. & Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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