Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID MONDAY, THE4H DAY OF NOVEMBER201313TH KARTHIKA, 1935 Crl.MC.No. 4557 of 2013 () ------------------------------------ CC7982009 of JUDICIAL FIRST CLASS MAGISTRATE COURT I, HARIPPAD. ......... PETITIONER(S)/ACCUSED: ------------------------------------------ SELVARAJ, PROPRIETOR, VAZHAKKALIL JEWELLERS, VAZHAKKALIL HOUSE POTHAPPALLY NORTH, KUMARAPURAM, ALAPPUZHA DISTRICT. BY ADVS.SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. MOHANAN, THATTAMPARAMBIL VEEDU, THULAMPARAMBU SOUTH MURI HARIPAD VILLAGE, ALAPPUZHA-690514. R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON0411-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss Crl.MC.No. 4557 of 2013 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ------------------------------------- ANNEXURE-A1: COPY OF THE JUDGMENT
OF THIS HONOURABLE COURT IN CRIMINAL REVISION PETITION NO.2822 OF 2007 DATED277.2007. ANNEXURE-A2: COPY OF THE RECEIPT ISSUED BY THE2D RESPONDENT EVIDENCING PAYMENT OF COMPENSATION DATED81.2008. ANNEXURE-A3: COPY OF THE ORDER
OF THIS HONOURABLE COURT DATED263.2010 IN CRIMINAL M.A.NO.3220 OF 2010 IN CRL.R.P.NO.2822 OF2007 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A. TO JUDGE tss HARUN-UL-RASHID, J.
- - - - - - - - - - - - - - - - - Crl. M.C No.4557 of 2013 - - - - - - - - - - - - - - - - Dated this the 04th day of November, 2013. ORDER
The petitioner is the accused in C.C No. 798/2009 on the files of the Judicial First Class Magistrate-I, Haripad. The offence alleged is punishable under Section 138 of Negotiable Instrument Act. In the revision petition filed by the accused, this Court modified the sentence by reducing the substantive imprisonment to one day till the rising of Court and with a direction for payment of compensation with default clause of three months imprisonment. The compensation was directed to be paid within six months and he was directed to appear on 28.01.2007 to receive the sentence. It is submitted that the petitioner has settled the monetary dispute with the first respondent. Annexue-A2 is the receipt evidencing payment of compensation. The petitioner now wants to appear before the learned Magistrate for receiving substantive imprisonment. The time frame fixed by this Court was already lapsed. Since the petitioner was employed abroad, he was not able to come to India to receive the sentence as ordered by this Court. Now the petitioner bonafide wants to come to India to receive the sentence. Having regard to the facts and circumstances stated I am inclined to grant time to the petitioner to appear in the trial court and receive sentence of imprisonment till rising of the court. Crl. M.C is disposed of as follows : i. In case petitioner has paid compensation payable to respondent No.2 in this petition and respondent No.2 files statement in the trial court through his counsel acknowledging receipt of compensation, that shall be treated as sufficient compliance with the direction for payment of compensation. ii. Petitioner shall appear in the trial court on or before 15.12.2013 to receive the sentence of imprisonment till rising of the court which shall run concurrently. Iii. Until 15.12.2013 warrant of arrest if any issued to the petitioner will stand in abeyance. HARUN-UL-RASHID, JUDGE. lsn