Shajil V.C vs State Of Kerala
2021 Latest Caselaw 13041 Ker

Crl.Rev.Pet No.361/2021                             1/2


                                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                PRESENT
                                 THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

                 FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
                   CRL.M.APPL.NO.1/2021 IN CRL.REV.PET NO. 361 OF 2021


       CC 23/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - VIII, KOZHIKODE.


         CRL.A.NO.73/2018 OF THE ADDITIONAL SESSIONS JUDGE-V, KOZHIKODE.


REVISION PETITIONER/APPELLANT/ACCUSED
                  SHAJIL V.C, S/O.VELAYUDHAN, AGED 43 YEARS,
                  JASVIS DIGITAL STUDIO AND PRINT EXPRESS,
                  KASKATTU CHAMBERS, BANK ROAD,
                  NADAKKAVU POLICE LIMITS, KOZHIKODE - 673 001.
RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT
       1.         STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
                  HIGH COURT OF KERALA, ERNAKULAM.

       2.         N.UNNIKRISHNAN, AGED 53 YEARS, S/O.BALAN,
                  PULIULLAKANDIYIL, REC(NIT).P.O, KOZHIKODE-673601.


                                   Application praying that in the circumstances stated
                          therein the High Court be pleased to suspend the sentence
                          imposed by the Addl.Sessions Court-V, Kozhikode as per
                          Judgment in Crl.Appeal No.73/2018 dated 30/01/2021 of the
                          Addl. Sessions Judge-V, Kozhikode confirming the judgment of
                          the Judicial First Class Magistrate Court-VIII, Kozhikode in
                          C.C.23/2016, dated 02/02/2018, until the disposal of this
                          Crl.R.P.


                                This Application coming on for admission upon perusing the
                          application and upon hearing the arguments of M/s. P.JAYABAL
                          MENON & REKHA AGARWAL Advocates for the petitioner and the
                          PUBLIC PROSECUTOR for the 1st respondent, the Court passed
                          the following:


                          mkm                                                  p.t.o
 Crl.Rev.Pet No.361/2021                             2/2
                                      N ANIL KUMAR, J.
                           -------------------------------------------------
                                     Crl.R.P. No.361 of 2021
                           -------------------------------------------------
                                  Dated this the 18th day of June,2021

                                            ORDER

Heard the learned counsel for the revision petitioner. Admit. Issue notice. The learned Public prosecutor takes notice for R1. Issue notice to R2.

Crl.M.A. No.1 of 2021

Having regard to the facts and circumstances and the quantum of sentence under Section 138 of the Negotiable Instruments Act, the sentence imposed by the Additional Sessions Court - V, Kozhikode in Crl.A. No.73 of 2018 stands stayed on the following conditions:-

i) The revision petitioner/appellant/accused shall deposit Rs.1,00,000/- (Rupees one lakh only) before the Jurisdictional Magistrate concerned within three months from the date of this order.

ii) In case, the amount is not deposited as stated herein above, the interim stay granted in this case shall stand vacated without any further order.

sd N ANIL KUMAR, JUDGE.

dl/

sd/-

18-06-2021 /True Copy/ Assistant Registrar