Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY FRIDAY, THE19H DAY OF FEBRUARY201430TH MAGHA, 1935 Crl.Rev.Pet.No. 896 of 2008 ( ) -------------------------------- CRA8852001 of III ADDL. SESSIONS JUDGE, ERNAKULAM CC2671993 of CHIEF JUDL.MAGISTRATE, ERNAKULAM REVISION PETITIONER:APPELLANT/ACCUSED: --------------------------------------------------- N.S.SHAJI,PROPRIETOR, NELLIKKAL TIMBER INDUSTRIES, PERUMBAVOOR. BY ADVS.SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX RESPONDENTS: COMPLAINANT & STATE: ------------------------------------------- 1. CBI, COCHIN REP. BY THE STANDING COUNSEL.
2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. BY SRI.S.SREEKUMAR, SC FOR CBI SRI. P. CHANDRASEKHARA PILLAI THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON1402-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.Rev.Pet.No. 896 of 2008 ( ) :
2. : APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A : TRUE COPY OF THE CERTIFICATE ISSUED BY THE CHIEF MANAGER, SBT, PERUMBAVOOR, DATED1003.2000. ANNEXURE B : CERTIFIED COPY OF JUDGMENT
IN C.C. NO. 1342/1994 OF THE COURT OF THE CHIEF JUDICIAL MAGISTRATE, ERNAKULAM DATED2310.2009. ANNEXURE B1 : CERTIFIED COPY OF THE JUDGMENT
IN C.C. NO. 1343/1994 OF THE COURT OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM DATED2310.2009. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE. rv B.P. RAY, J.
- - - - - - - - - - - - - - - - - Crl. R.P. No. 896 of 2008 - - - - - - - - - - - - - - - - Dated this the 19th day of February, 2014. ORDER
Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Standing Counsel for CBI, Shri. Chandrasekshara Pillai.
2. The petitioner is the sole accused in C.C. No. 267 of 1993 on the file of Chief Judicial Magistrate, Ernakulam for offences punishable under Sections 468, 471 and 420 IPC. The aforesaid case arose from R.C.24 of 1989 of CBI, Cochin registered against the Manager of the State Bank of Travancore as accused No.1 and the petitioner. When the final report was submitted, accused No. 1 was deleted.
3. The allegation was that the petitioner had committed forgery of three Railway receipts on 18.07.1988, 04.11.1988 and 29.12.1988 and discounted the same through his account with S.B.T, Perumbavoor branch in the year 1988. Three separate charges as A-Charge, B- Charge and C-Charge were filed and joint trail of the three charges was ordered. Later, on application filed by the petitioner's counsel, separate trial was conducted as C.C. Nos. 267 of 1993, 1342 of 1994 and 1343 of 1994. The amount involved in C.C. No. 267 of 1993 is only `34,000/-. Crl.R.P. No. 896/2008 :
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4. The learned Magistrate after trial as per judgment dated 28.11.2001 found the revision petitioner guilty of the offences and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of ` 25,000/- and in default to pay the fine, to undergo simple imprisonment for six months for the offence under Section 468 IPC. No separate sentence was awarded for the offences under Sections 471 and 420 IPC.
5. On appeal filed by the revision petitioner as Crl. Appeal No. 885 of 2001 before the III Additional Sessions Judge, Ernakulam, the learned Sessions Judge as per judgment dated 19.02.2008 dismissed the appeal.
6. C.C. Nos. 1342 and 1343 of 1994 were disposed of by the CJM, Ernakulam by judgment dated 23.10.2009. The amounts involved in the above two cases are ` 33,000 and the offences alleged are the same as in C.C. No. 267 of 1993. Even though the petitioner was found guilty of the offences, he was sentenced to undergo imprisonment till the rising of the court only and to pay a fine of ` 5000/- and in default to pay the fine, to undergo simple imprisonment for six months.
7. In the facts and circumstances of the case, I modify Crl.R.P. No. 896/2008 :
3. : the sentence and the petitioner is sentenced to undergo imprisonment till the rising of the court and to pay a fine of ` 10,000/- (Rupees ten thousand only) and in default to pay the fine, to undergo simple imprisonment for one month. The petitioner shall appear before the trial court and deposit the fine amount on or before 31st March, 2014. Revision Petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv Crl.R.P. No. 896/2008 :
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