Kochukudiyil Agnecies vs Nirmal Associates
2021 Latest Caselaw 22395 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
          Tuesday, the 9th day of November 2021 / 18th Karthika, 1943
              CRL.M.APPL.NO.1/2021 IN CRL.REV.PET NO. 609 OF 2021
          CRA NO.238/2019 OF ADDITIONAL SESSIO0NS COURT-I, KOZHIKODE
ST NO.1715/2017 OF SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS ( NI ACT CASES),
                                   KOZHIKODE
 PETITIONERS/REVISION PETITIONERS:

   1. KOCHUKUDIYIL AGNECIES, REPRESENTED BY ITS PARTNER, AJESH, AGED 37
      YEARS, VATAKARA P.O, KOZHIKODE DISTRICT, PIN-673101.
   2. AJESH, AGED 37 YEARS, PARTNER, KOCHUKUDIYIL AGENCIES, VATAKARA P.O,
      KOZHIKODE DISTRICT, PIN-673101.

 RESPONDENTS/RESPONDENTS:

   1. NIRMAL ASSOCIATES 5-93, B-12, ERANHIPALAM, KOZHIKODE, PIN-673006,
      REPRESENTED BY ITS PARTNER, C.VIJAYAN, AGED 60 YEARS, S/O CHOYI,
      PULPARAMBIL HOUSE, PADANILAM P.O, KOZHIKODE DISTRICT, PIN-673571.
   2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
      KERALA, ERNAKULAM, PIN-682031.

      Application praying that in the circumstances stated therein the
 High Court be pleased to suspend the execution of the sentence imposed by
 the Special Judicial First Class Magistrate Court(NI Act cases), Kozhikode
 in S.T.No.1715/2017 dated 08.05.2019 as confirmed by the judgment dated
 30.03.2021 in Criminal Appeal No.238/2019 on the files of the Court of the
 1st Additional Sessions Judge, Kozhikode, pending final disposal of the
 above criminal revision petition.
      This application coming on for orders upon perusing the application
 and upon hearing the arguments of M/s.R.BINDU (SASTHAMANGALAM) and
 G.RAJAGOPAL (KUMMANAM), Advocates for the petitioners and of the Public
 Prosecutor for the 2nd respondent, the court passed the following:
                            Dr.KAUSER EDAPPAGATH,J.
                       ====================================
                     Criminal Revision Petition No.609 of 2021
                      ======================================
                     Dated this the 09th day of November, 2021.


                                      ORDER

Crl.R.P.No.609/2021

Admit. Issue notice to R1. The learned Public Prosecutor

takes notice for R2.

Crl.M.A.No.1/2021

Learned counsel for the revision petitioners submits that

Rs.30,000/- has already been deposited at the appellate court. The

sentence shall stand suspended on deposit of further sum of

Rs.20,000/- at the court below within two months, and also on

execution of a bond for Rs.1 lakh with two solvent sureties for the

like sum each to the satisfaction of the trial court.

Sd/-

Dr.KAUSER EDAPPAGATH

JUDGE

JS

09-11-2021 /True Copy/ Assistant Registrar