K U Binoy vs M. J Luis

Citation : 2022 Latest Caselaw 8242 Ker
Judgement Date : 1 July, 2022

Kerala High Court
K U Binoy vs M. J Luis on 1 July, 2022
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MRS. JUSTICE MARY JOSEPH
  FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                  CRL.REV.PET NO. 430 OF 2022
   AGAINST THE JUDGMENT DATED 20.12.2021 IN CRL.APPEAL
  NO.213/2019 OF ADDITIONAL SESSIONS COURT-V, ERNAKULAM
AGAINST THE JUDGMENT DATED 21.06.2019 IN C.C.NO.1935/2015
 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA
REVISION PETITIONER/APPELLANT/ACCUSED:

            K U BINOY
            AGED 48 YEARS
            S/O. ULAHANNAN,
            RESIDING AT KELAKATH HOUSE, VAIKOM ROAD,
            THRIPUNITHURA, PIN - 682301

            BY ADVS.SRI.M.R.NANDAKUMAR
                    SRI.K.DHANESH KUMAR
                    SMT.MAYIKA SUNDAR

                    SRI.ARJUN ANIL
                    ADV.NAAIL FATHIMA ABDULLA A.



RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:

    1       M. J LUIS
            S/O. JOSEPH,
            MALIYAKKAL HOUSE, THEKKUMBHAGAM,
            THRIPUNITHURA, ERNAKULAM, PIN - 682301

    2       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, PIN - 682 031.

            R2 BY SRI.RENJITH GEORGE, SR.PUBLIC PROSECUTOR


        THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION    ON   01.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Crl.R.P.No.430 of 2022
                                    2

                                ORDER

Dated this the 01st day of July, 2022. This revision is filed challenging concurrent findings of guilt of the revision petitioner for an offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'NI Act') and orders of conviction and sentence passed successively by Judicial First Class Magistrate Court, Tripunithura (for short 'the trial court') and Additional Sessions Court-V, Ernakulam (for short 'the appellate court') respectively in C.C.No.1935/2015 and Crl.Appeal No.213/2019. The revision petitioner is the accused.

2. The learned counsel for the revision petitioner has not argued on merits of the revision, but only seeks for indulgence in the matter of granting time for deposit of the fine amount.

Accordingly Crl.R.P is dismissed and time for deposit of Rs.40,000/-, the remaining sum towards payment of fine is extended for three weeks from this day.

Sd/-

MARY JOSEPH JUDGE NAB Crl.R.P.No.430 of 2022 3 APPENDIX OF CRL.REV.PET 430/2022 PETITIONER'S ANNEXURES:

ANNEXURE A CERTIFIED COPY OF THE THE JUDGMENT DATED 21.06.2019 IN CC NO. 1935/2015 BY THE JUDICIAL FIRST CLASS MAGISTRATE, THRIPUNITHURA, ERNAKULAM VILLAGE ANNEXURE B THE CERTIFIED COPY OF THE JUDGMENT DATED 20.12.2021 PASSED IN CRIMINAL APPEAL NO. 213/2019 OF THE ADDITIONAL SESSIONS JUDGE - V AT ERNAKULAM RESPONDENTS ANNEXURES : NIL //TRUE COPY// P A TO JUDGE