IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
CRL.REV.PET NO. 578 OF 2022
AGAINST THE JUDGMENT DATED 12.03.2003 IN C.C.NO.183/2002 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-III, KANNUR
AGAINST THE JUDGMENT DATED 10.06.2008 IN CRL.APPEAL NO.312/2003 OF
ADDITIONAL COURT OF SESSIONS (ADHOC)-III, THALASSERY
REVISION PETITIONER/APPELLANT/ACCUSED:
MAMMUNHI HAJI N.K., AGED 58 YEARS,
S/O.ABDHUL RAHIMAN, ANGERAMOOLE HOUSE, NEKRAJ P O,
KASARAGOD DISTRICT, PIN-671 542.
BY ADV SRI.P.M.UNNI NAMBOODIRI
RESPONDENTS/RESPONDENT/COMPLAINANT & STATE:
1 P.P.RAMAN, S/O. RAMAN, PUTHIYA PURAYIL HOUSE,
P O KANDANGALI, PAYYANNUR (VIA),
KANNUR DISTRICT. 670307. (DIED)
2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
*ADDL. R3. SANTHA T., W/O. RAMAN, PUTIYA PURAYIL HOUSE,
P.O.KANDANGALI, PAYYANNUR (VIA), KANNUR DISTRICT-670307.
ADDL. R4. GEETHA T., D/O.RAMAN, PUTIYA PURAYIL HOUSE,
P.O.KANDANGALI, PAYYANNUR (VIA), KANNUR DISTRICT-670307.
ADDL. R5. SURESH MUMAR T., S/O.RAMAN, PUTIYA PURAYIL HOUSE,
P.O.KANDANGALI, PAYYANNUR (VIA), KANNUR DISTRICT-670307.
ADDL. R6. RAJESH KUMAR T., S/O.RAMAN, PUTIYA PURAYIL HOUSE,
P.O.KANDANGALI, PAYYANNUR (VIA), KANNUR DISTRICT-670307.
ADDL. R7. RAKESH KUMAR T., S/O.RAMAN, PUTIYA PURAYIL HOUSE, P.O.
KANDANGALI, PAYYANNUR (VIA), KANNUR DISTRICT-670307.
*(ADDITIONAL R3 TO R7 AS PER ORDER DATED 05/10/2020 IN
CRL. M.A. 1/2020 IN UNNUMBERED CRL.RP (File
NO.23035/2019))
R2 BY SRI.RENJITH GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.R.P.No.578 of 2022
2
ORDER
Dated this the 25th day of August, 2022 This revision petition is filed challenging concurrent findings of guilt of the revision petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') and orders of conviction and sentence successively passed by Judicial First Class Magistrate Court-III, Kannur (for short 'the trial court') in C.C.No.183/2002 and Additional Court of Sessions, Thalassery (for short 'the appellate court') in Crl.Appeal No.312/2003. The trial court has convicted and sentenced the revision petitioner to undergo simple imprisonment for six months and to pay Rs.1,00,000/- as compensation to the complainant. The trial court has also directed the revision petitioner to undergo simple imprisonment for one month as default sentence.
2. When the said judgment is assailed, the appellate court confirmed it. The accused has approached this Court in the revision on hand challenging the above judgment. The learned Crl.R.P.No.578 of 2022 3 counsel did not argue on merits. It is found that the trial court has imposed simple imprisonment for six months as substantive sentence. This Court finds justified to modify it to simple imprisonment till rising of the court.
3. Crl.Revision Petition is allowed in part to the extent of modifying the substantive sentence of simple imprisonment for six months to simple imprisonment till rising of the court. The direction to pay compensation and the default sentence are maintained. The revision petitioner is granted a month's time for payment of the compensation amount. The trial court shall not proceed against the revision petitioner in the meantime. If the revision petitioner failed to surrender before the trial court to serve the modified substantive sentence of simple imprisonment till rising of the court and file a memo to evidence the payment of Rs.1,00,000/- to the complainant as compensation on or before the date on which the time now stands granted expires, the trial court shall proceed to execute the sentence forthwith.
Sd/-
MARY JOSEPH JUDGE NAB Crl.R.P.No.578 of 2022 4 APPENDIX OF CRL.R.P.578/2022 PETITIONER'S ANNEXURES ANNEXURE A TRUE COPY OF THE DEATH CERTIFICATE OF THE RESPONDENT ISSUED BY PAYYANNUR MUNCIPALITY DATED 14/10/2011 RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P A TO JUDGE