Allowed

T.P Shajith v. N.K.Ramachandran

Kerala HC5 Oct 2012Crl.Rev.Pet/1430/2012

Case brief

AI extract

What is this about?

The High Court confirmed the conviction and modified sentence in a Section 138 case. The petitioner was granted four months' time to pay Rs.1,15,000 compensation; upon payment, imprisonment execution would abate and prior deposits would be released.

What did the court decide?

Petitioner granted four months' time to pay Rs.1,15,000 compensation; imprisonment execution kept in abeyance until payment.

T.P Shajith Vs N.K.Ramachandran — Cheque Dishonour | Kerala HC (2012)

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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 S.SIRI JAGAN

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FRIDAY, THE 5TH DAY OF OCTOBER 2012/13TH ASWINA 1934

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Crl.Rev.Pet.No. 1430 of 2012 ()

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CRA.679/2004 OF SESSIONS COURT, THALASSERY CC.129/2002 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUTHUPARAMBA

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REVISION PETITIONER / APPELLANT / ACCUSED :

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T.P SHAJITH, S/O.RAGHAVAN, AGED 36 YEARS, PROPRIETOR, LAKSHMI TRADERS, THATTARI, THALASSERY ROAD, P.O.ANJARAKKANDY, KANNUR DISTRICT, RESIDING AT LAKSHMI NIVAS, CHAMBAD, P.O PATHIRAIYAD, KANNUR DISTRICT.

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BY ADV. SRI.C.P.PEETHAMBARAN

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RESPONDENTS / RESPONDENTS/COMPLAINANT AND STATE :

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*1. N.K.RAMACHANDRAN NELLIYAT KANNIANKANDY HOUSE, MAKRERI AMSOM, BAVODE DESOM, P.O BAVOD, KANNUR DISTRICT THOROUGH POWER OF ATTORNEY HOLDER M.K.RAJAN BINDU SADANAM, MAKRERI AMSOM, BAVODE DESOM, P.O TRIVERI, KANNUR, PIN 670 002 (DIED)

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2. STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM

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*ADDL. R3 IS IMPLEADED

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*3. MR. MANOHARAN K., AGED 69 YEARS, MANOHAR COTTAGE, EDAPPALLY, COCHIN - 682 024.

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*IS IMPLEADED AS THE ADDL. 3RD RESPONDENT AS WELL AS THE LEGAL HEIR OF THE DECEASED 1ST RESPONDENT AS PER THE ORDER DATED 25-9-2012 IN CRL. M.A. 7007/2012 IN CRL. R.P. 1430/2012.

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R2 BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN R3 BY ADV. SMT.MINI.V.A.

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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S. SIRI JAGAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - Crl. Rev. Petition No.1430 of 2012

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 5^th day of October, 2012

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O R D E R

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The petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act, before the Judicial First Class Magistrate's Court, Kuthuparamba, who adjudicated the same in C.C. No.129/2002. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for a period of nine months and to pay a compensation of Rs.1,15,000/- to the complainant under Section 357 (3) of the Cr.P.C. The petitioner filed Crl. Appeal No.679/2004 before the Court of Session, Thalassery. The Sessions Judge confirmed the conviction but modified the substantive sentence of imprisonment to one till rising of the court and directed to pay an amount of Rs.1,15,000/- as compensation to the complainant. The judgments of the courts below are under challenge in this Crl. R.P. When the matter was taken up today, the counsel for the petitioner confines relief for time to pay the compensation amount.

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Crl. Rev. Petition No.1430 of 2012

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-2-

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I have heard the counsel for the additional 3^rd respondent

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also.

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In the facts and circumstances of the case, I dispose of this Crl. R.P. as follows:

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The conviction and sentence are confirmed. The petitioner is given four months' time to pay the compensation amount. The compensation amount shall be paid by the petitioner directly to the 3^rd respondent and proof shall be produced before the Magistrate. The petitioner shall appear before the Magistrate for undergoing the sentence of imprisonment after paying the compensation amount on 07.02.2012. Till then, the Magistrate shall keep the execution of the sentence in abeyance. On production of proof of payment of the compensation amount, the petitioner shall be permitted to withdraw the amounts deposited by the petitioner before the lower court pursuant to the interim orders of this Court and the appellate court.

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Sd/S. SIRI JAGAN

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JUDGE

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The date “07.02.2012” occurring in the 8^th line of the last paragraph of the order dated 05/10/2012 in Crl.R.P.1430/2012 is corrected and substituted as “07.02.2013”, vide order dated 04/12/2012 in Crl.M.A. 8462/2012 in Crl.R.P. 1430/2012.

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Sd/Registrar (Judicial)

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shg/

T.P Shajith v. N.K.Ramachandran

Case brief

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T.P Shajith v. N.K.Ramachandran

Case brief

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