In this criminal revision petition under Section 138 NI Act, where the accused had served default sentence and deposited partial compensation, the Kerala High Court dismissed the revision after confirming that the petitioner underwent the prescribed imprisonment.
Revision Petition dismissed as there was nothing more to be decided.
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 R. NARAYANA PISHARADI
FRIDAY, THE 24TH DAY OF JANUARY 2020 / 4TH MAGHA, 1941
Crl.Rev.Pet.No.1128 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRA 137/2017 DATED 12-022019 OF II ADDITIONAL DISTRICT COURT & SESSIONS COURT,PALAKKAD
AGAINST THE ORDER/JUDGMENT IN ST 2330/2009 DATED 14-012011 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHITTUR
REVISION PETITIONER/APPELLANT/ACCUSED:
ABDUL RAZACK AGED 64 YEARS S/O. MUHAMMED, 132/6, BUSHIRA MANZIL, C.T. PALAYAM, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT
BY ADVS.
SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
1 SELVARAJAN
AGED 61 YEARS S/O. MUTHU, CHATTIYODE, THATHAMANGALAM, CHITTUR TALUK, PALAKKAD - 678102
2 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682013.
SRI AJITH MURALI-PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.R.P No.1128 of 2019
ORDER
The revision petitioner is the accused in the case S.T No.2330/2009 on the file of the Court of the Judicial First Class Magistrate-I, Chittur.
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Crl.R.P No.1128 of 2019
petitioner has already undergone the default sentence of imprisonment imposed on him by the trial court and therefore, he does not intend to challenge the order of conviction and sentence passed against him.
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Crl.R.P No.1128 of 2019
sentence against him on execution of bond for Rs.1,00,000/with two solvent sureties each for the like amount and depositing one-fourth of the amount of compensation. It is further reported by the learned Magistrate that, on 31.08.2017, the accused executed a bond and deposited Rs.23,750/- as per the order of the appellate court and a memo was issued to release him from jail. Learned Magistrate has reported that the accused has undergone imprisonment in default of payment of compensation during the period from 16.05.2017 to 31.08.2017.
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Crl.R.P No.1128 of 2019
compensation.
petition.
Consequently, the revision petition is dismissed.
Sd/-
R. NARAYANA PISHARADI
JUDGE
rpk
1 issue framed by the court
Whether the revision petition is maintainable when the accused has already defied default sentence in execution of bond and paid compensation deposit in partial satisfaction.
2 provisions across 1 enactments
ABDUL RAZACK
THE STATE OF KERALA
SELVARAJAN
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
