Kerala High Court
Unnikrishnan vs C.K. Hameed on 1 November, 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
THURSDAY, THE 1ST DAY OF NOVEMBER 2012/10TH KARTHIKA 1934
Crl.Rev.Pet.No. 1960 of 2012 ()
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IN CRA.276/2011 of ADDL. D.C. KOZHIKODE- II
IN ST.822/2008 of J.M.F.C.,PERAMBRA
REVISION PETITIONER(S)/APPELLANT ACCUSED:
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UNNIKRISHNAN
S/O.PADMINI AMMA , SIVAMAYAM-HOUSE
PURAMERI-POST, KOZHIKODE-DISTRICT.
BY ADVS.SRI.K.RAKESH ROSHAN
SMT.THUSHARA.V
COMPLAINANT(S)/RESPONDENTS, COMPLAINANT :
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1. C.K. HAMEED,
S/O.AMMAD, CHIKOTHKANDY HOUSE,
KARAYAD-POST KOZHIKODE PIN-673 500
2. STATE OF KERALA
REP.BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA COCHIN-31.
R1 BY ADV. SRI.K.P.SUDHEER
R2 BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
01-11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VPV
S. SIRI JAGAN, J.
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Crl.R.P. No.1960 of 2012
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Dated this the 1st day of November, 2012
ORDER
The petitioner is the accused in S.T.No.822/2008 before the Judicial Magistrate of the First Class, Perambra. He was prosecuted for an offence punishable under Section 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for a period of one month and to pay Rs.3 lakhs to the complainant as compensation with a default sentence of simple imprisonment for a further period of three months. The petitioner filed Criminal Appeal No.276/2011 before the Sessions Court, Kozhikode. The Sessions Judge confirmed the conviction but, converted the substantive punishment of imprisonment to one till the rising of the Court and enhanced the compensation to Rs.3,10,000/- (Rupees three lakh ten thousand only). The petitioner is challenging the judgments of the courts below.
2. The learned counsel for the petitioner today submits Cr.R.P.No1960/12 2 that the petitioner does not wish to challenge the conviction as such but, confines relief for time to pay the compensation amount.
3. I have heard the learned counsel for the 1st respondent also on that question.
4. After hearing both sides, I dispose of this Criminal Revision Petition as follows:
The petitioner shall appear before the Magistrate for undergoing the sentence of imprisonment on 02.01.2013, after paying the compensation amount. The Magistrate shall keep the execution of the sentence in abeyance till then. The petitioner submits that the petitioner has already deposited Rs.50,000/- (Rupees fifty thousand only) before the Magistrate. If that is correct, the 1st respondent is permitted to withdraw the same from the Magistrate on application and the balance only need be paid to the 1st respondent. The balance amount due shall be paid by the petitioner directly to the 1st respondent and proof of payment produced before the Magistrate.
S. SIRI JAGAN, JUDGE
acd
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