Kerala High Court
S.Manoj Kumar vs Jyotsana Creation on 26 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
WEDNESDAY, THE 26TH DAY OF SEPTEMBER 2012/4TH ASWINA 1934
Crl.Rev.Pet.No. 3669 of 2009 ( )
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CRA.954/2006 of ADDITIONAL SESSIONS COURT (ADHOC), TRIVANDRUM
ST.333/2006 of J.M.F.C.-VIII, TRIVANDRUM
REVISION PETITIONER(S)/APPELLANT/ACCUSED::
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S.MANOJ KUMAR, ASST.MANAGER (MARKETING)
JEEVAN TELECASTING CORPORATION LTD.
RASHTRADEEPIKA BUILDINGS, P.B.2312
PALARIVATTOM KOCHI.
BY ADVS.SRI.VIJU ABRAHAM
SRI.K.ANIL JOSEPH
SRI.JOY C. PAUL
SRI.DOMINIC JOHNSON
RESPONDENTS/RESPONDETNS/COMPLAINANT & STATE::
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1. JYOTSANA CREATION, REP.BY ITS
PROPRIETOR A.RAGHAVAN, KRS/A39, CHITHRAKOODAM
KURUVANKONAM, KOWADIAR.
2. STATE OF KERALA, REP.BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY ADV. SRI.THIRUMALA P.K.MANI
BY ADV. SRI.R.NIKHIL
BY PUBLIC PROSECUTOR ADV. SMT. M.T. SHEEBA
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 26-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
acd
S. SIRI JAGAN, J.
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Crl.R.P. No.3669 of 2009
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Dated this the 26th day of September, 2012
ORDER
The petitioner herein is the accused in S.T.No.333 of 2006 before the Judicial First Class Magistrate-VIII, Thiruvananthapuram. 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 to pay compensation of Rs.1,00,000/- (Rupees one lakh only) and in default, to undergo simple imprisonment for a further period of two months. The compensation amount was directed to be paid to the complainant. In Criminal Appeal No.954/2006, the conviction and sentence were confirmed by the Additional Sessions Judge, Fast Track Court-I, Thiruvananthapuram. The petitioner is challenging the orders of the courts below.
2. When the matter was taken up, both sides submit before me that they have settled the matter between themselves by agreeing to pay the compensation amount within four months. Crl.R.P.No.3669/09 2 The learned counsel for the petitioner, therefore, submits that the sentence of imprisonment may be reduced and the petitioner may be granted four months' time to pay the compensation amount, after deducting the amount already deposited by the petitioner pursuant to interim order of this Court.
3. Having heard both sides, I dispose of this Criminal Revision Petition as follows:
The conviction is confirmed. The substantive punishment of imprisonment is reduced to one till the rising of the court. The petitioner shall appear before the Magistrate to undergo sentence of imprisonment on 31.1.2013, after paying the balance compensation amount. Till then, the execution of the sentence shall be kept in abeyance. The Magistrate shall permit the complainant to withdraw the amount already deposited, on application.
S. SIRI JAGAN, JUDGE acd Crl.R.P.No.3669/09 3 Crl.R.P.No.3669/09 4