Partly allowed

Maya Vijayan v. State of Kerala

Kerala HC5 Nov 2012Crl.Rev.Pet/2067/2012

Case brief

AI extract

What is this about?

The High Court confirmed the conviction of the petitioner under Section 138 NI Act and the reduced sentence of imprisonment. The execution of the sentence is stayed pending payment of compensation due on March 11, 2013.

What did the court decide?

Conviction confirmed; imprisonment reduced to one month stayed pending payment of Rs. 50,000 compensation, with execution to begin on 11.3.2013.

Maya Vijayan Vs State of Kerala — 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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MONDAY, THE 5TH DAY OF NOVEMBER 2012/14TH KARTHIKA 1934

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Crl.Rev.Pet.No. 2067 of 2012 ()

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CRA.177/2011 of ADDL.DISTRICT COURT-I,MAVELIKKARA CC.115/2009 of J.M.F.C.-II, CHENGANNUR

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REVISION PETITIONER(S)/APPELLANT/ACCUSED:

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MAYA VIJAYAN, AGED 44 YEARS D/O.THANKARAJAN, CHARUVIL VEEDU, MAMPRA CHERIYANADU.

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BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL

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COMPLAINANT(S)/RESPONDENT/COMPLAINANT AND STATE:

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1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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2. SANTHOSH KUMAR, AGED 35 YEARS S/O.BALACHANDRAN, VISHNU NIVAS, KEEZHCHERIMEL CHENGANNUR. 690 516.

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R2 BY ADV. SRI.IYPE JOSEPH

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R1 BY PUBLIC PROSECUTOR SRI.BIJU MEENATOOR

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05-11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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S.SIRI JAGAN, J.

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==================

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Crl.R.P.No. 2067 of 2012

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==================

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Dated this the 5^th day of November, 2012

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O R D E R

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The petitioner is the accused in C.C.No.115/2009 before the Judicial First Class Magistrate's Court-II, Chengannur. The prosecution was one under Section 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced her to undergo simple imprisonment for six months and to pay a compensation of 50,000/- to the complainant. In Crl.Appeal No.177/2011, the Additional Sessions Judge-I, Mavelikkara confirmed the sentence, but reduced the substantive sentence of imprisonment to one till rising of the court retaining the direction to pay 50,000/-. The judgments of the courts below are under challenge in this Criminal Revision Petition. Today when the matter was taken up, the learned counsel for the petitioner submits that the petitioner confines relief for four months' time to pay the compensation amount.

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Having heard both sides, I dispose of this Criminal Revision Petition as follows;

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The conviction of the petitioner is confirmed. The petitioner

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Crl.R.P.2067/12 - : 2 :-

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shall appear before the Magistrate for undergoing the sentence of imprisonment on 11.3.2013 after paying the compensation amount. Till then, the Magistrate shall keep the execution of the sentence in abeyance.

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sdk+

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Sd/S.SIRI JAGAN, JUDGE

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///True copy///

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P.A. to Judge

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Crl.R.P.2067/12 - : 3 :-

Maya Vijayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Maya Vijayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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