Kerala High Court
Premjithlal V.P vs Peter John Aswez on 13 March, 2023
Crl.Rev.Pet No.1/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
CRL.M.APPL.NO.2/2023 IN CRL.REV.PET NO. 1 OF 2022
CRA 162/2019 OF ADDITIONAL SESSIONS COURT - V, ERNAKULAM
CC 284/2015 OF THE JUDICIAL FIRST CLASS MAGISTARTE COURT (N.I ACT CASES),
ERNAKULAM
PETITONER/REVISION PETITIONER:
PREMJITHLAL V.P., AGED 36 YEARS, S/O. PUSHPALAL, VENGATTU HOUSE,
VADUTHALA P.O., KOCHI 682023.
RESPONDENTS/RESPONDENTS:
1. PETER JOHN ASWEZ, AGED 44 YEARS, S/O. P.A. JOHN, PUNIKKARU PARAMBIL
HOUSE, KUNNUMMEL ROAD, VADUTHALA P.O., KOCHI 682023.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, DISTRICT COURT,
ERNAKULAM.
Application praying that in the circumstances stated therein the
High Court be pleased to modify Annexure B order to the extent of payment
of compensation directly to the 1st respondent by modifying the direction
to pay fine directly to the court to secure the ends of justice.
This application coming on for orders upon perusing the application
and upon hearing the arguments of Sri.K.R.VINOD, Advocate for the
petitioner and of M/S. T.K.ABRAHAM & PRAMOJ ABRAHAM, Advocates for the
first respondent, and of the PUBLIC PROSECUTOR for the second respondent,
the Court passed the following:
P.T.O.
Crl.Rev.Pet No.1/2022 2/4
A. BADHARUDEEN, J.
========================
CrlMA.No.2 of 2023
in
Crl.R.P.No.1 of 2022
------------------------------------------------
ORDER
Dated this the 13th day of March, 2023 In this matter, it is submitted by the learned counsel for the petitioner that this Court directed the Revision Petitioner/Accused in C.C.No. 284/2015, on the files of the Judicial First Class Magistrate Court (NI Act cases) Ernakulam to appear before the trial court on or before 20/02/2023 to undergo the sentence and to pay the fine. But, by misunderstanding the order, the petitioner directly paid the amount to the defacto complainant and Annexure C is the copy of the receipt showing the said payment. Therefore, there may be an order to rectify the said payment as fine in the interest of justice.
2. Advocate Sri. Pramoj Abraham, appearing for the defacto complainant also conceded the payment as per the Annexure C produced.
3. Since the defacto complainant admitted the receipt of Crl.Rev.Pet No.1/2022 3/4 the fine/compensation a direction to the Judicial First Class Magistrate is necessary to meet the interest of justice.
4. Therefore, it is ordered that the Judicial First Class Magistrate shall consider the payment effected as per Annexure C towards due payment of fine as per the order in revision petition and to go on to impose the substantive sentence of punishment for a day till rising of the Court, without insisting payment of the fine further. The petitioner is directed to appear before the court for the said purpose, within a period of 7 days, without fail, after securing the personal presence of the complainant or the counsel for the complainant to acknowledge the payment effected as per Annexure C herein.
sd/-
A. BADHARUDEEN JUDGE sab 13-03-2023 /True Copy/ Assistant Registrar Crl.Rev.Pet No.1/2022 4/4 APPENDIX OF CRL.REV.PET 1/2022 Annexure B THE COPY OF THE ORDER IN CRL.R.P.NO.1/2022 DATED 19.12.2022 Annexure C THE COPY OF THE FULL SATISFACTION RECEIPT ISSUED BY THE 1 ST RESPONDENT ACKNOWLEDGING THE COMPENSATION AMOUNT IMPOSED BY THE APPELLATE COURT 13-03-2023 /True Copy/ Assistant Registrar