Partly allowed

Vivekananda Travels (P) Limited v. Adisankara Yogakshema Kendram

Kerala HC10 Oct 2012Crl.Rev.Pet/1763/2012

Case brief

AI extract

What is this about?

In a criminal revision petition challenging a Sessions Court judgment for cheque dishonour under Section 138 NI Act, the High Court confirmed the conviction and sentence but granted the petitioners 10 months' time to pay the compensation amount. The second accused was directed to appear for sentence execution after payment.

What did the court decide?

Petitioners granted 10 months' time to pay compensation. Execution of imprisonment sentence directed.

Vivekananda Travels (P) Limited Vs Adisankara Yogakshema… — Cheque Dishonour | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE S. SIRI JAGAN

¶4

WEDNESDAY, THE 10TH DAY OF OCTOBER 2012/18TH ASWINA 1934

¶5

Crl. Rev. Pet. No. 1763 of 2012 ()

¶6

CRA NO.111/2012 OF ADDL.D.C. KOZHIKODE-III CC NO.101/2011 of SPL.J.M.F.C. FOR TRIAL OF MARADU CASES, KOZHIKODE

¶7

REVISION PETITIONERS/RESPONDENTS/ACCUSED:

¶8

1. VIVEKANANDA TRAVELS (P) LIMITED ALL INDIA PILIGRIMS AND PICNIC PACKAGE TOUR OPERATORS REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR MR. C. NARENDRAN, 17/483 B, 1ST FLOOR,

¶9

SREEKANDESWARA COMPLEX, S.K TEMPLE ROAD, CALICUT

¶10

2. C. NARENDRAN

¶11

CHAIRMAN AND MANAGING DIRECTOR, VIVEKANANDA TRAVELS (P) LIMITED,

¶12

ALL INDIA PLIGRIMS AND PICNIC PACKAGE TOUR OPERATORS, 17/483 B, 1ST FLOOR, SREEKANDESWARA COMPLEX,

¶13

S.K TEMPLE ROAD, CALICUT

¶14

BY ADV. SRI. P.V .KUNHIKRISHNAN

¶15

RESPONDENTS/APPELLANT & STATE/COMPLAINANT/STATE:

¶16

1. ADISANKARA YOGAKSHEMA KENDRAM

¶17

REGISTERED AS 207/1989 TALI, CALICUT, REPRESENTED BY ITS SECRETARY A.P NAMBOODIRI, S/O. KESAVAN NAMBOODIRI, AATUPURAM,

¶18

CHALAPURAM, CALICUT - 673002

¶19

2. STATE OF KERALA

¶20

REP. BY PUBLIC PROSECUTOR,

¶21

HIGH COURT OF KERALA, ERNAKULAM KOCHI - 682031

¶22

R1 BY ADVS. SRI. M. ASOKAN

¶23

SRI. DEVAPRASANTH. P.J. R2 BY PUBLIC PROSECUTOR BIJU MEENATTOOR

¶24

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶25

¶26

S. SIRI JAGAN, J.

¶27

Crl. R.P. No.1763 of 2012

¶28

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

¶29

Dated this the 10^th day of October, 2012.

¶30

O R D E R

¶31

The petitioners are the accused in C.C. No.101/2011 before the Special Judicial First Class Magistrate Court (Marad Cases), Kozhikkode. The prosecution was one under Section 138 of the Negotiable Instruments Act. The Magistrate found the petitioner not guilty and acquitted him under Section 255 (1) of the Code of Criminal Procedure. The complainant filed Crl. Appeal No.111/2012 before the Court of Sessions, Kozhikkode Division. The Sessions Judge allowed the Appeal, convicted accused Nos.1 and 2 and imposed and sentenced the 2^nd accused to undergo imprisonment till the rising of the Court. Both the accused were directed to pay compensation to the tune of Rs.13,50,000/(Rupees Thirteen lakhs fifty thousand only) with interest at the rate of 9% from 30.10.2010 till the date of payment to the complainant society and in default of payment of compensation the 2^nd accused was directed to undergo simple imprisonment for six months. The petitioners have filed this Crl. R.P. challenging the judgment of the Sessions Judge.

¶32

Crl. R.P. No.1763 of 2012 2

¶33

When the matter was taken up, the counsel for the petitioners submit that, the petitioners do not wish to contest the matter on merits but confines the relief for time to pay the compensation amount.

¶34

I have heard the counsel for the 1^st respondent also. Having heard both sides, I am inclined to grant some time to the petitioners to pay the compensation amount. Accordingly, this Crl. R.P. is disposed of as follows:

¶35

The conviction and sentence imposed by the Sessions Judge are confirmed. The petitioners are granted 10 months' time to pay the compensation amount. The 2^nd petitioner shall appear before the Magistrate to undergo the sentence of imprisonment on 19.08.2013 after paying the compensation amount. Till then the Magistrate shall keep the execution of the sentence in abeyance.

¶36

S. SIRI JAGAN JUDGE

¶37

Vivekananda Travels (P) Limited v. Adisankara Yogakshema Kendram

Case brief

What is this about?

What did the court decide?

Vivekananda Travels (P) Limited v. Adisankara Yogakshema Kendram

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

Similar cases

P.Suresh Vs the Si of Police, Rajapuram Police Stati

A.Mahadevan Vs State of Kerala

Baiju Vs the State of Kerala

Varghese @ Kuttappan Vs the State of Kerala

E.C.Balan Vs Vineetha R.Kottai

Sajeendran Pillai Vs Sabu P.S.