Mammunhi Haji N.K vs P.P.Raman
2022 Latest Caselaw 9568 Ker

                 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

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

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