Kunhikrishnan vs State Of Kerala
2022 Latest Caselaw 1476 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MRS. JUSTICE MARY JOSEPH
 WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
                  CRL.REV.PET NO. 85 OF 2022
 AGAINST THE JUDGMENT IN CRA 259/2019 OF COURT OF SESSIONS
COURT - III, KASARGOD/ADDITIONAL SESSIONS COURT-III,KASARGOD
 DATED 26.08.2021 AND CC 412/2017 OF JUDICIAL MAGISTRATE OF
         FIRST CLASS-III, HOSDURG DATED 28.11.2019
REVISION PETITIONER/APPELLANT/ACCUSED:

         KUNHIKRISHNAN
         AGED 48 YEARS
         SON OF KUNHIRAMAN.
         RESIDING AT MODAGRAMAM, PULLUR VILLAGE,
         P.O.PULLUR, HOSDURG TALUK,
         KASARGOD DISTRICT, PIN-671 531.

         BY ADV A.ARUNKUMAR


RESPONDENT/COMPLAINANT & STATE:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM., PIN - 682 031
    2    SAVITHRAN.K
         AGED 35 YEARS
         SON OF KRISHNAN,
         RESIDING AT PAROOR, PULLUR VILLAGE, PULLUR.P.O.
         HOSDURG TALUK, KASARGOD DISTRICT, PIN - 671 531.
OTHER PRESENT:

         PP SRI SANAL P RAJ


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON     02.02.2022, THE     COURT ON   THE SAME   DAY
DELIVERED THE FOLLOWING:
 Crl.R.P. No.85 of 2022
                                   -:2:-


                                 ORDER

Dated this the 2nd day of February, 2022

This revision is filed against concurrent findings of guilt of

the revision petitioner by Judicial First Class Magistrate Court-

III, Hosdurg (for short 'the trial court') and Additional Sessions

Court-III, Kasargod respectively in C.C. No. 23/2019 and

Crl.A. No.259/2019.

2. The trial court has found the revision petitioner guilty

for the offence punishable under Section 138 of Negotiable

Instruments Act, 1881 (for short 'N.I. Act') and sentenced him

to undergo simple imprisonment for 4 months and to pay a

compensation of Rs.4,00,000/- and to undergo simple

imprisonment for a further period of two months in case of

default. When the said judgment was assailed in the appeal,

the appellate court has confirmed the finding of guilt but

modified the substantive sentence to simple imprisonment till

rising of the Court. The direction to pay compensation and

default sentence were confirmed. Against the above

judgments this revision is filed.

Crl.R.P. No.85 of 2022

3. The learned counsel for the petitioner did not argue on

merits of the revision. He only seeks for indulgence in the

matter of payment of compensation by extending the time for

payment.

4. The Covid-19 pandemic situation is still in prevalence

and the number of cases are on the higher side. Therefore,

this Court is inclined to grant some more time for payment of

compensation as of indulgence. Revision is not admitted, but

six months' time is granted for payment of Rs.4,00,000/- to

the complainant and filing a memo to that effect. The trial

court shall not proceed to execute the sentence in the

meantime. The petitioner shall surrender before the trial court

and file a memo of the complainant stating that he has

received compensation of Rs.4,00,000/- from the revision

petitioner on or before 03.08.2022. In case of failure of the

revision petitioner to do so, the trial court shall proceed to

execute the sentence forthwith.

Sd/-

MARY JOSEPH, JUDGE.

ttb