Kerala High Court
Syam Kumar vs Ambareesh.M on 14 September, 2012
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
FRIDAY, THE 14TH DAY OF SEPTEMBER 2012/23RD BHADRA 1934
Crl.Rev.Pet.No. 1902 of 2012 (C)
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[AGAINST THE JUDGMENT DTD. 21/12/2010 IN CRL.A.NO.450/2009 OF
ADDITIONAL DISTRICT & SESSIONS JUDGE (FAST TRACK COURT) (ADHOC),
MAVELIKKARA, JUDGMENT DTD. 25/09/2009 IN C.C. NO.679/2008 OF THE
JUDICIAL MAGISTRATE OF THE FIRST CLASS-I, HARIPPAD]
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REVISION PETITIONER/APPELLANT IN CRL. APPEAL AND ACCUSED IN C.C:
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SYAM KUMAR,S/O. SANKARAN NAIR, AGED 41 YEARS,
SANKARAMANGALAM,
THULAMPARAMPU NORTH,
HARIPPAD - NOW RESIDING AT KANCHAN PARAMBIL, CHERUTHANA P.O,
CHERUTHANA, ALAPPUZHA DISTRICT.
BY ADVS.SRI.R.SURAJ KUMAR,
SRI.S.NAUSHAD.
RESPONDENTS/1ST RESPONDENT IN CRL.APPEAL/COMPLAINANT IN C.C. AND STATE:
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1. AMBAREESH.M, S/O. MOHANDAS,
KOCHUPARAMBIL, KALLIKKADU,
ARATTUPUZHA, ALAPPUZHA DISTRICT - 688 001.
2. STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
R1 BY ADV. SRI.SAJU J.PANICKER,
R2 BY PUBLIC PROSECUTOR SRI. VIJU THOMAS.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 14-09-2012, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Prv.
S.SIRI JAGAN, J.
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Crl.R.P.No. 1902 of 2012
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Dated this the 14th day of September, 2012
O R D E R
The petitioner is the accused in C.C.No. 679/2008 before the Judicial First Class Magistrate's Court-I, Harippad. The prosecution was one under Section 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for one month and also to pay an amount of ` 75,000/- as compensation to the complainant. The Additional District and Sessions Judge Fast Track Court (Adhoc), Mavelikkara, dismissed Crl.Appeal No.450/2009 filed against the judgment of the Magistrate by the petitioner. The petitioner is challenging the same. The learned counsel for the petitioner submits that the matter has been settled between the complainant and the petitioner as evidenced by Annexure A1. He submits that compounding petition could not be filed since the party is out of station. He, therefore, submits that the sentence of imprisonment may be reduced.
2. I have heard the matter.
3. Along with Crl.MA.No.6725/2012 the petitioner has Crl.R.P.1902/12 - : 2 :-
produced Annexure A1 receipt from the complainant for receipt of ` 75,000/-. If the said amount has been so paid, the sentence of imprisonment would stand reduced to one till rising of the court. The petitioner shall appear before the Magistrate for undergoing that sentence on 28.9.2012.
The Crl.R.P. is disposed of as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge