This court disposed of a criminal revision petition challenging conviction for cheque dishonour. Order recorded compensation payment and directed petitioner to appear for sentence while keeping execution in abeyance against a refund order.
Execution of sentence kept in abeyance; refund of Rs.75,000 ordered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE S. SIRI JAGAN
MONDAY, THE 1ST DAY OF OCTOBER 2012/9TH ASWINA 1934
Crl. Rev. Pet. No. 1516 of 2012
IN CRA. 56/2011 of ADDL. DISTRICT COURT-I, MAVELIKKARA IN CC.185/2009 of J.M.F.C.-II, CHENGANNUR
REVISION PETITIONER/APPELLANT/ACCUSED:
SURESH KUMAR S/O. SUKUMARA PILLAI CHERUVALLIL VADAKKETHIL (INDIRA BHAVANAM) KOTTAKKAKOM, MUTTOM, HARIPPAD, ALAPPUZHA DISTRICT.
BY ADV. SRI.N.ASHOK KUMAR
RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:
1. RAMACHANDRAN
2. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
R1 BY ADV. SRI.PHILIP MATHEW
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sp
S. SIRI JAGAN, J.
--------------------------------------Crl. Revision Petition No:1516/2012
Dated this the 1st day of October, 2012.
JUDGMENT
The accused in a prosecution under Section 138 of the Negotiable Instruments Act has come up with this Criminal Revision Petition challenging the Judgments of the trial Court and the Appellate Court by which the petitioner has been convicted and sentenced to undergo simple imprisonment for one day till the rising of the Court and to pay Rs.4,00,000/- (Rupees Fourt lakhs only) to the complainant as compensation under the Criminal Procedure Code. Counsel on both sides today submits that the entire compensation amount has been directly paid by the petitioner to the complainant, receipt of which the Advocate for the complainant acknowledges. The petitioner therefore submits that a day may be fixed for appearance before the magistrate for undergoing the sentence of imprisonment and the amount deposited by the petitioner before the trial Court pursuant to order dated 05.07.2012 in Crl.M.A. No.5150/2012 in this Cr.R.P. may be directed to be refunded to the petitioner.
Crl. Revision Petition No:1516/2012 -2-
The receipt of the compensation amount of Rupees Four lakhs by the 1st respondent herein pursuant to the orders of the Court below is recorded. The petitioner shall appear before the trial Court for undergoing punishment of the imprisonment till the rising of the Court on 16.10.2012. Till then the execution of the sentence shall be kept in abeyance. The trail Court shall refund to the petitioner, the amount of Rs.75,000/- (Rupees Seventy five thousand only) deposited by the petitioner as directed in Crl. M.A. No.5150/2012.
S. SIRI JAGAN
JUDGE
sp
SURESH KUMAR S/O. SUKUMARA PILLAI CHERUVALLIL VADAKKETHIL
RAMACHANDRAN
STATE OF KERALA
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
