Abdul Azeez Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN TUESDAY, THE 15TH DAY OF JANUARY 2013 25TH POUSHA 193 Crl.Rev.Pet.No. 52 of 2013 () -------------------------------------- AGAINST THE JUDGMENT IN CRA.590/2010 DATED 14 08-2012 ON THE FILE OF THE SESSIONS COURT, THRISSUR AGAINST THE JUDGMENT IN CC.509/2008 DATED 17 08-2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -KUNNAMKULAM REVISION PETITIONER(S)/APPELLANT/ACCUSED: -------------------------------------------------------------------------------- ABDUL AZEEZ, S/O.MUHAMMODUNNI, MALIYAKKAL HOUSE, KALLUR.P.O VADAKKEKAD,THRISSUR DISTRICT. BY ADV. SRI.V.C.MADHAVANKUTTY COMPLAINANT(S)/RESPONDENTS/STATE AND COMPLAINANT: -------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM.682 031.

2. KUNJUMUHAMMED, S/O.KUNJIMON HAJI, ERANJAPADI HOUSE, P.O.VADAKKEKAD THRISSUR DISTRICT”

562. BY PUBLIC PROSECUTOR, SRI. K.K. RAJEEV THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: das V.K.MOHANAN, J.

------------------------------------- Crl.R.P.No.52 of 2013 ---------------------------------------- Dated this the 15th 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 17/08/2010 in C.C.No.509 of 2008 of the court of Judicial First Class Magistrate, Kunnamkulam and the judgment dated 14/08/2012 in Crl.A.No.590 of 2010 of the court of the Sessions Judge, Thrissur.

2. As per the appellate court judgment, the conviction recorded by the trial court is confirmed and only the sentence of imprisonment is modified and thus, the revision petitioner is sentenced to undergo simple imprisonment till the rising of the court and to pay a sum of `75,000/- to the complainant as compensation under Section 357(3) of Cr.P.C. and in default, he is directed to undergo simple imprisonment for a period of three months. Crl.R.P.No.52/2013 :-2-:

3. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the compensation amount. I find no reason to reject the above request. In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I.Act as recorded by the court below. Accordingly, while confirming the sentence of imprisonment and direction for payment of compensation, the compensation amount and default sentence ordered by the appellate court, the revision petitioner is granted 45 (forty five) days time to pay the compensation amount as ordered by the appellate court. 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 deposit the compensation amount within the above extended time. Accordingly, the revision petitioner is directed to deposit the Crl.R.P.No.52/2013 :-3-: compensation amount fixed by the appellate court on or before 01st March, 2013. In case of any failure on the part of the revision petitioner in making the deposit of compensation amount on or before the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 01st March, 2013. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge