Allowed

N.Narayanan v. State of Kerala

Kerala HC1 Jul 2013Crl.MC/2104/2013

Case brief

AI extract

What is this about?

The High Court disposed of a criminal misc. case seeking extension of time and permission to deposit compensation. The court modified the lower appellate order, directing the petitioner to deposit three-fourths of the compensation within two weeks to suspend the trial court sentence.

What did the court decide?

Petitioner directed to deposit 3/4th of compensation within two weeks. Trial court directed to accept deposit. Appellate court to dispose of appeal expeditiously upon compliance.

N.Narayanan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2013)

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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 V.K.MOHANAN

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MONDAY, THE 1ST DAY OF JULY 2013/10TH ASHADHA, 1935

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Crl.MC.No. 2104 of 2013

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AGAINST THE ORDER IN CRL.M.P.NO. 968/2011 IN CRL.APPEAL NO. 156/2011 OF THE SESSIONS COURT, PALAKKAD.

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PETITIONER/APPELLANT/ACCUSED:

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N.NARAYANAN AGED 54 YEARS

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S/O. KORAN, NELLAYI HOUSE, MUNDAMUKHA GANESHGIRI POST, SHORNUR, OTTAPALAM TALUK.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.)

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SRI.M.REVIKRISHNAN

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SRI.VIPIN NARAYAN

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RESPONDENTS/RESPONDOENTS/COMPLAINANT:

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STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR

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HIGH COURT OF KERALA, ERNAKULAM-682031.

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PALAKKAD DISTRICT CO-OPERATIVE BANK LTD.,

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SHORNUR BRANCH

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REPRESENTED BY ITS MANAGER CHTHRANGATHA, AGED 43 YEARS D/O. BALAKRISHNAN, KARUVARIL HOUSE, CHOROTTUR OTTAPALAM TALUK. PIN-679101.

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R2 BY ADV. SRI.M.SASINDRAN

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R1 BY PUBLIC PROSECUTOR SMT. S. HYMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2104 of 2013

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANX.A TRUE COPY OF THE TRUE COPY OF THE JUDGMENT DATED 18-1-11 IN ST. CASE NO. 129 OF 2009 PASSED BY THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, OTTAPALAM.

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ANX.B TRUE COPY OF THE ORDER DATED 9-6-11 IN CRL. M.P. NO. 968 OF 2011 IN CRIMINAL APPEAL NO. 156 OF 2011 PASSED BY THE COURT OF SESSIONS PALAKKAD.

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RESPONDENT(S)' EXHIBITS

NIL

ks.

TRUE COPY

P.S. TO JUDGE

V.K.MOHANAN, J.

Crl.M.C.No.2104 of 2013

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Dated this the 1^st day of July, 2013

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O R D E R

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The petitioner who is the appellant in Criminal Appeal No.156 of 2011 pending before the court of Sessions, Palakkad

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preferred the above M.C seeking extension of time and permission to deposit the amount ordered by the lower appellate court by its order dated 09.06.2011 in Crl.M.P.No.968 of 2011 while suspending the execution of the sentence imposed by a trial court as per its judgment which impugned in the above appeal.

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Heard the counsel for the petitioner and the learned counsel for the second respondent, who is the complainant.

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Counsel for the petitioner submitted that the petitioner is now ready to deposit the amount as ordered by the lower appellate court but the trial court is not likely to receive the same as the time fixed for depositing the amount is already over.

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Having regard to the facts and circumstances involved in the case, according to me, this Crl.M.C can be disposed of with a slight modification in the order dated 09.06.2011 in Crl.M.P.No.968 of 2011 of the lower appellate court and the

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Crl.M.C.No.2104 of 2013

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trial court can be directed to receive the amount.

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It is relevant to note that as per the judgment

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impugned before the lower appellate court the petitioner was directed to pay a compensation of Rs.28,925/- to the complainant/respondent. The lower appellate court, at the time of admitting the appeal, by Annexure-B order, the appellate court has imposed a condition, to suspend the execution of sentence, directing the petitioner to deposit half of the compensation amount in the trial court within one month. The said order was passed as early as on 06.2011 and thereafter more than two years are over. Now the petitioner, filed the present petition for extension of time to deposit the amount ordered by the lower appellate court. In the above facts and circumstances of the case, according to me, the time fixed can be extended but at the same time the amount ordered to be deposited can be enhanced as a condition for the same.

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In the result, this M.C is disposed of modifying Annexure -B order and directing the petitioner to deposit ¾ of the compensation amount in the trial court within two weeks from today and if the petitioner approaches the trial court

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Crl.M.C.No.2104 of 2013

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within two weeks from today to deposit the above amount, the same may be treated as compliance of the Annexure-D order of the lower appellate court and the petitioner is directed to inform the appellate court about the deposit of such amount and such intimation and the appellate court is directed to take the Crl.Appeal No.156 of 2011 and dispose the same as expeditiously as possible, if the same is ripe for disposal.

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V.K.MOHANAN Judge

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mns/

N.Narayanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

N.Narayanan v. State of Kerala

Case brief

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