Sivakumar R vs Muthoot Capital Services Ltd

Kerala High Court

Sivakumar R vs Muthoot Capital Services Ltd on 22 May, 2024

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     WEDNESDAY, THE 22nd DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                      CRL.REV.PET NO. 482 OF 2024
AGAINST THE JUDGMENT DATED 27.02.2024 IN CRA NO.128 OF 2023 OF
I   ADDITIONAL    DISTRICT   COURT,   ERNAKULAM   ARISING   OUT   OF   THE
JUDGMENT DATED 27.03.2023 IN CC NO.1176 OF 2019 OF ADDITIONAL
CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
REVISION PETITIONER/APPELLANT/ACCUSED:

           SIVAKUMAR R, AGED 58 YEARS,
           S/o RAMAN, POOJAPARAMBIL HOUSE,
           KAJAPPALLY, KOTTAYAM, PIN - 686507

           BY ADVS. ANOOP JOSEPH
                    ZERENE LINDA MITCHEL
                    ASWANI THUVVAKKADAN
                    LIYA JOSE
                    SURESH BABU V.C.


RESPONDENT/RESPONDENT/COMPLAINANT:

      1     MUTHOOT CAPITAL SERVICES LTD,
            MUTHOOT TOWERS, M.G ROAD, ERNAKULAM,
            REPRESENTED BY ITS ASSOCIATE LEGAL AND AUTHORIZED
            PERSON AKHIL JOSHY, PIN - 682035

      2     STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031

           BY PUBLIC PROSECUTOR SRI SANGEETHARAJ N R




THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.R.P.No.482 of 2024                   2




                                   ORDER

When the matter came up for hearing, the learned counsel for the petitioner fairly submitted that in fact there is no sufficient reason to interfere with the concurrent judgment of conviction rendered by both the trial court and the first appellate court. The sentence awarded also reflects a proper balance between the mitigating and aggravating circumstances and no commercial transaction is involved in the case in hand. As such, there is no reason to admit the criminal revision petition. But, four months time is granted to the petitioner to receive the sentence ordered. Till that time, no coercive steps shall be initiated against the revision petitioner. The revision petitioner shall appear before the trial court within that time to Crl.R.P.No.482 of 2024 3 receive the sentence.

Criminal Revision Petition will stand dismissed accordingly with the abovesaid direction.

Sd/-

P.SOMARAJAN JUDGE DMR/-

APPENDIX OF CRL.REV.PET 482/2024 PETITIONER'S ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 27.02.2024 IN CRL. APPEAL NO.128/2023 ON THE FILE OF THE IST ADDITIONAL DISTRICT AND SESSIONS COURT, ERNAKULAM Annexure A2 CERTIFIED COPY OF THE JUDGMENT DATED 27.03.2023 IN C.C. NO. 1176/2019 ON FILE OF THE ADDL. CHIEF JUDICIAL MAGISTRATE'S (MP/MLA'S) COURT, ERNAKULAM // TRUE COPY // P.A. TO JUDGE