Allowed

Sajeendran Pillai v. Sabu P.S.

Kerala HC10 Oct 2012Crl.Rev.Pet/2005/2012

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a criminal revision petition filed by an accused convicted for cheque dishonour. The petitioner sought time to pay compensation. The court confirmed the conviction and sentence but granted a stay of execution until the compensation is paid on a specified date.

What did the court decide?

The execution of the sentence of imprisonment is stayed until the petitioner pays the compensation amount of Rs. 1,50,000 on 12.02.2013.

Sajeendran Pillai Vs Sabu P.S. — 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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WEDNESDAY, THE 10TH DAY OF OCTOBER 2012/18TH ASWINA 1934

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Crl. Rev. Pet. No. 2005 of 2012 ()

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CRA.84/2011 of ADDL.DISTRICT AND SESSIONS JUDGE,PATHANAMTHITTA S.T. NO.1387/2009 of J.M.F.C.-II,PATHANAMTHITTA

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REVISION PETITIONER/APPELLANT/ACCUSED:

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SAJEENDRAN PILLAI S/O. KOCHU PILLAI, ROHINI, MANGARAM KONNI.

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BY ADVS. SRI. M.T. SURESHKUMAR SRI. V.V. RAJA

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RESPONDENTS/RESPONDENT/COMPLAINANT:

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1. SABU P.S. AMBOTTIYIL VEEDU, PAIVALLY BHAGAM MURI, OMALLOOR PATHANAMTHITTA - 689 645.

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2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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R2 BY PUBLIC PROSECUTOR SRI. BIJU MEENATOOR

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

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S. SIRI JAGAN, J.

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--------------------------------------Crl. R.P. No.2005 of 2012

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

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O R D E R

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The petitioner is the accused in S.T. No.1387/2009 before the Judicial First Class Magistrate-II, Pathanamthitta. The prosecution was one under Section 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment till the rising of the Court and to pay compensation of Rs.1,50,000/- (Rupees One lakh and fifty thousand only) to the complainant under Section 357(3) of the Code of Criminal Procedure. Crl. Appeal No. 84/2011 filed by the petitioner against the said judgment before the Additional District and Sessions Judge, Pathanamthitta was dismissed confirming the conviction and sentence. The petitioner is challenging the orders of the Courts below. The counsel for the petitioner submits that the petitioner does not wish to contest the matter on merits but confines relief for 6 months' time to pay the compensation amount. Despite service of notice, the 1^st

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Crl. R.P. No.2005 of 2012

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respondent did not choose to enter appearance and contest the matter. Having heard the counsel for the petitioner, I am inclined to grant time to the petitioner for payment of the compensation. Accordingly, the Crl. R.P. is disposed of as follows:

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The conviction and sentence passed by the Courts below are confirmed. The petitioner shall appear before the Magistrate to undergo the sentence of imprisonment after paying the compensation amount on 12.02.2013. The Magistrate shall keep the execution of sentence in abeyance till then.

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S. SIRI JAGAN JUDGE

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Sajeendran Pillai v. Sabu P.S.

Case brief

What is this about?

What did the court decide?

Sajeendran Pillai v. Sabu P.S.

Case brief

What is this about?

What did the court decide?

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