Kerala High Court
M. Navas vs Bineesh
Author: Alexander Thomas
Bench: Shaji P.Chaly, Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF OCTOBER 2017/13TH ASWINA, 1939
OP (MAC).No. 1305 of 2013 (O)
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OP(MV) NO.219/2002 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,
ATTINGAL
PETITIONER(S)/RESPONDENT NO.1:
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M. NAVAS,
S/O MUHAMMED HANEEFA, AGED 42,
CHARUVILA PUTHEN VEEDU,
VETTIYARA P.O., NAVAIKULAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT(S):
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1. BINEESH,
S/O SREEKANTAN NAIR,
SREENILAYAM, KATHIRUVILA, KALLARA,
THIRUVANANTHAPURAM - 695 508.
* 2. NISAMUDHEEN, (DELETED)
S/O ALIYARUKUNJU,
CHARUVILA PUTHEN VEEDU,
PALKALAM, K.T. KUNNU, KALLARA - 695 508.
* 2ND RESPONDENT IS DELETED FROM THE PARTY
ARRAY AT THE RISK AND COST OF THE PETITIONER
AS PER ORDER DATED 05.10.2017 IN IA.1682/2017
3. NEW INDIA INSURANCE COMPANY LIMITED,
BRANCH OFFICE, PLOT NO. 1345/C2,
NEAR MUNICIPAL BUS STAND,
ATTINGAL - 695 101.
OP (MAC).No. 1305 of 2013 (O)
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*ADDL. RESPONDENTS 4 & 5 ARE IMPLEADED:
4. AMBIKA, D/O SEKHARAN, ASWATHY BHAVAN,
NAGAROOR KARA, NAGARROR VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM.
*ADDRESS OF THE 4TH RESPONDENT IS CORRECTED AS FOLLOWS:
4. AMBIKA, W/O PRASANNAN, ASWATHY,
ALTHARAMOODU P.O., ALANCODE,
THIRUVANANTHAPURAM-695102.
* ADDRESS OF THE 4TH RESPONDENT IS CORRECTED AS
PER ORDER DATED 05.10.2017 IN IA.869/2017.
5. BABU, S/O RAVEENDRAN NAIR,
MAYA MANDIRAM, KURUMBAYAM,
ANAKKUDI, KALLARA VILLAGE,
THIRUVANANTHAPURAM.
* ADDL. RESPONDENTS 4 & 5 ARE IMPLEADED AS PER
ORDER DATED 13.08.2015 IN IA.11709/2015.
** ADDL.6TH RESPONDENT IMPLEADED:
**6. SHEEJA KUMARI, W/O BABU,
LIC AGENT, SHEEJA BHAVAN,
MATHIRA, MATHIRA P.O.,
KADAKKAL, KOLLAM DISTRICT.
** ADDL. 6TH RESPONDENT IS IMPLEADED FOR THE
DECEASED 5TH RESPONDENT AS PER ORDER DATED
5.6.2017 IN IA.896/2017
R3 BY ADV. SRI.PMM.NAJEEB KHAN
R4 BY ADV. SRI.S.VIDYASAGAR
R BY SRI.A.A.ZIYAD RAHMAN
THIS OP (MAC) HAVING BEEN FINALLY HEARD ON
05-10-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
EL
OP (MAC).No. 1305 of 2013 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1 TRUE COPY OF THE SALE DEED DATED
14/06/2000.
EXHIBIT-P2 TRUE COPY OF THE SALE DEED DATED
13/10/2000
EXHIBIT-P3 TRUE COPY OF THE AWARD IN O.P (MV)
219/2002
EXHIBIT-P4 TRUE COPY OF THE I.A 3085/2012
EXHIBIT-P5 TRUE COPY OF THE I.A 3084/2012
EXHIBIT-P6 TRUE COPY OF THE ORDER IN E.A. 116/2012.
EXHIBIT-P7 TRUE COPY OF THE JUDGMENT IN O.P(MAC).
201/2013
EXHIBIT-P8 TRUE COPY OF THE COMMON ORDER DATED
20/02/2013 IN EXHIBITS-P4 ND P5
EXHIBIT-P9 TRUE COPY OF THE R.R. NOTICE ISSUED BY THE
DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK
OFFICE, VARKALA DATED 30.06.2015
RESPONDENT(S)' EXHIBITS
-----------------------
NIL
TRUE COPY
P.S. TO JUDGE
EL
ALEXANDER THOMAS, J.
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Crl.R.P.No.1061 Of 2017
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Dated this the 29th day of August, 2017.
O R D E R
The petitioner is the accused for the offence under Sec.138 of the Negotiable Instruments Act, in S.T.C.No.1014/2013 on the file of the Judicial First Class Magistrate Court, Kalpetta, instituted on the basis of a complaint filed by R-1 herein. The trial court as per the impugned judgment rendered on 11.9.2014 had convicted the petitioner for the above said offence and sentenced him to undergo simple imprisonment for a period of 2 months and to pay an amount of Rs.72,331/- as compensation under Sec.357(3) of the Cr.P.C, and in default thereof the accused was sentenced to undergo simple imprisonment for a further period of one month. Aggrieved thereby, the petitioner has preferred Crl.A.No.137/2014 before the Sessions Court, Kalpetta, Wayanad. The appellate Sessions Court as per the impugned judgment dated 31.5.2016 had upheld the conviction and modified the substantive sentence to simple imprisonment till the rising of the court and also upheld the compensation amount and its default clause. It is aggrieved by these verdicts, that the petitioner has preferred the instant Crl.R.P by taking recourse to the remedy under Sec.397 r/w Sec.401 of the Cr.P.C.
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Crl.R.P.No.1061 Of 2017
2. Heard Sri.M.R.Sarin Panicker, learned counsel appearing for the revision petitioner-accused, Sri.M.Gopikrishnan Nambiar, learned counsel appering for R-1 (complainant) and Sri.Jestin Mathew, learned Prosecutor appearing for R-2 State.
3. Sri.M.R.Sarin Panicker, learned counsel appearing for the revision petitioner-accused, submits on the basis of instructions from his party that the petitioner is not challenging the legality and correctness of the judgments of the courts below and would only limit her prayer to grant time to make payment of fine/compensation amount of Rs.72,331/- and would pray that the substantive sentence till the rising of the court may be set aside and the petitioner may be sentenced to pay fine of Rs.72,331/-, etc. It is pointed out by the learned counsel for the petitioner that petitioner is a lady, who is now pregnant, and has been advised to complete bed rest as she had suffered medical complications in her first pregnancy, etc. It is also pointed out that she has no other income except the income generated by her husband, who is a coolie worker and she would require sufficient time to pay the amount of Rs.72,331/-. Accordingly, the following orders and directions are issued:
::3::
Crl.R.P.No.1061 Of 2017
(i) The impugned conviction imposed on the petitioner for the offence under Sec.138 of the N.I. Act as per the judgments of the courts below will stand confirmed.
(ii) The impugned substantive sentence of simple imprisonment till the rising of the court is set aside.
(iii) In supersession of the orders passed by the courts below, the petitioner will stand sentenced to pay a fine of Rs.72,331/- and the amount shall be disbursed to the complainant in terms of Sec.357(1)(b) of the Cr.P.C.
(iv) However, the petitioner is given 8 months' time from 1.9.2017 to make the said payment directly to the 1st respondent. On receipt of such amount the complainant will ensure that necessary receipts are issued to evidence payment of such amounts by the accused. Any such payment made by the petitioner will be treated as if those amounts are paid as fine and then disbursed to the complainant under Sec.357(1)
(b) of the Cr.P.C. On default of the petitioner to pay the said amount, the petitioner will have to suffer simple imprisonment for a period of one month.
(iii) The petitioner will appear before the trial court at 11:00 a.m. on 5.5.2018 to satisfy the trial court about the payment of fine/compensation amount to the complainant.
(iv) Until 5.5.2018 all coercive steps taken against the accused in execution of the sentence will stand deferred.
(v) On default of the petitioner either to pay the above said amount or to appear before the court below on 5.5.2018, the trial court will be at liberty to proceed against the petitioner in accordance with law. With these observations and directions, the Crl.R.P. stands finally disposed of.
ALEXANDER THOMAS, Judge.
bkn/-