VibIn Vs. State of Kerala

Vibin vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 30, 2013

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https://sooperkanoon.com/case/1015441

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Citation: sooperkanoon.com/1015441
Court: Kerala High Court
Judge: Honourable Mr.Justice V.K.Mohanan
Decided On: Jan 30, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Vibin

Respondent

State of Kerala

Excerpt

.....that too for an amount of `81,729/-. though the courts below have concurrently found that the cheque in question was issued towards the discharge of the liability that is due to the complainant, so far no amount is seen paid in spite of the fact that the appeal was disposed of on 30.6.2012 and now again, the petitioner seeks time. having regard to the facts and circumstances of the case, i am of the view that even though the above submission requires positive consideration, the petitioner can be granted only forty five (45) days time. in the result, this criminal revision petition is disposed of confirming the conviction of the revision petitioner under section 138 crl.r.pno. 201 of 2013 :-3-: of the n.i.act as recorded by the courts below. accordingly, while confirming the sentence of imprisonment, the direction for payment of compensation and default sentence ordered by the trial court which is confirmed by the appellate court, the petitioner is granted forty five days time to pay the compensation amount and it is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to pay the compensation amount within 45 days time from today. accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence of imprisonment fixed by the appellate court and to pay the compensation amount as ordered against him on 15th march,2013. in case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to pay the compensation amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision crl.r.pno. 201 of 2013 :-4-: petitioner and to execute the sentence. coercive steps, if any, pending against the revision petitioner shall be deferred till 15th march,2013. the criminal revision petition is disposed of with the above direction......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 Crl.Rev.Pet.No. 201 of 2013 --------------------------- AGAINST THE ORDER/JUDGMENT IN CRA.632/2010 of SESSIONS COURT,THRISSUR DATED 30 06-2012 AGAINST THE ORDER/JUDGMENT IN CC.354/2009 of J.M.F.C., KODUNGALLUR DATED 16 08-2010 REVISION PETITIONER/APPELLANT/ACCUSED:- ---------------------------------------- VIBIN S/O.PANKAJAKSHAN,KOZHANGAPPILLY HOUSE,CHERIYAPPILLY KAITHARAM P.O.,KOTTUVALLY,ERNAKULAM DISTRICT. BY ADV. SMT.SAJITHA.S.DHARAN RESPONDENTS/RESPONDENTS/COMPLAINANT:-: -------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM.

2. MANAPPURAM GENERAL FINANCE & LEASING LTD., ERNAKULAM SOUTH BRANCH,REPRESENTED BY LEGAL MANAGER PIN ”

011. R1 BY PUBLIC PROSECUTOR SMT.R.REMA. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J.

--------------------------------------------- Crl.R.P.No. 201 of 2013 --------------------------------------------- Dated this the 30th day of January, 2013 ORDER

The accused in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act,1881 (for short 'the N.I.Act') is the revision petitioner as he is aggrieved by the judgment dated 16.8.2010 in C.C.No. 354 of 2009 of the court of Judicial First Class Magistrate, Kodungallur and the judgment dated 30.6.2012 in Crl.A.No. 632 of 2010 of the court of the Sessions Judge, Thrissur.

2. The trial court sentenced the accused to undergo imprisonment till the rising of the court and he is also directed to pay compensation of `81,729/- to the complainant under Section 357(3) of the Cr.P.C. and in default, he is directed to undergo simple imprisonment for a period of two months. The appellate court has confirmed the conviction and sentence of the trial court.

3. As this Court is not inclined to interfere with the order of Crl.R.PNO. 201 of 2013 :-2-: conviction, learned counsel for the revision petitioner submitted that the petitioner may be granted some breathing time to receive the sentence ordered by the trial court and confirmed by the appellate court and to pay the compensation.

4. In the present case, the cheque in question is dated 17.9.2008, that too for an amount of `81,729/-. Though the courts below have concurrently found that the cheque in question was issued towards the discharge of the liability that is due to the complainant, so far no amount is seen paid in spite of the fact that the appeal was disposed of on 30.6.2012 and now again, the petitioner seeks time. Having regard to the facts and circumstances of the case, I am of the view that even though the above submission requires positive consideration, the petitioner can be granted only forty five (45) days time. In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 Crl.R.PNO. 201 of 2013 :-3-: of the N.I.Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment, the direction for payment of compensation and default sentence ordered by the trial court which is confirmed by the appellate court, the petitioner is granted forty five days time to pay the compensation amount and it is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to pay the compensation amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence of imprisonment fixed by the appellate court and to pay the compensation amount as ordered against him on 15th March,2013. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to pay the compensation amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision Crl.R.PNO. 201 of 2013 :-4-: petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 15th March,2013. The Criminal Revision Petition is disposed of with the above direction. V.K.MOHANAN, Judge. MBS/ -true copy- P.S.TO JUDGE

Same Court & Year Kerala · 2013 Same Parties Vibin vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice V.K.Mohanan