Kerala High Court
Asharaff vs State Of Kerala on 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
CRL.REV.PET NO. 1956 OF 2012
AGAINST THE ORDER/JUDGMENT IN CRA 41/2012 OF ADDITIONAL DISTRICT
COURT (ADHOC-1), ERNAKULAM
ST 232/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III, ALUVA
REVISION PETITIONER/APPELLAT/ACCUSED:
ASHARAFF
AGED 46 YEARS
S/O.ABOOBACKER, VALLOPPILLIL HOUSE, AVARAN KALI,
PONJASSERY P.O., PERUMBAVOOR.
BY ADVS.
SRI.V.RAJENDRAN (PERUMBAVOOR)
SRI.GEORGE VARGHESE KIZHAKKAMBALAM
RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
2 ALI
S/O.PAREED, ETTIYATTARA HOUSE, NEDUVANNUR KARA,
CHENGAMANAD VILLAGE, ALUVA TALUK.
OTHER PRESENT:
SRI ARAVIND MATHEW, PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.R.P. No.1956 of 2012
2
ORDER
Dated this the 2nd day of March, 2022
The revision on hand is filed challenging concurrent findings of
guilt of the revision petitioner for an offence under Section 138 of the
Negotiable Instruments Act, 1881 (for short NI Act) and sentencing
him with fine of Rs.3,00,000/- and imprisonment for three months in
case of default in paying the fine by Judicial First Class Magistrate
Court No.III, Aluva (for short 'the trial court') and Court of
Additional Sessions (Ad hoc I), Ernakulam (for short 'the appellate
court').
2. The trial court in its judgment has found the revision
petitioner guilty, sentenced him to pay a fine of Rs.3,00,000/- and to
undergo simple imprisonment for a period of three months in case of
default. The fine amount on realization was also directed to be
given to the complainant as compensation. In appeal, the appellate
court confirmed the same.
Crl.R.P. No.1956 of 2012
3. Sri.V.Rajendran, Perumbavoor, the learned counsel for
the revision petitioner apprised that as directed by the appellate court,
Rs.50,000/- was deposited by the revision petitioner before the trial
court on 18.04.2012 and as directed by this Court, Rs.2,50,000/- was
also deposited before the trial court in compliance of the condition to
suspend the execution of sentence. Thus, a total sum of
Rs.3,00,000/- stands in deposit before the trial court and the same is
deposited towards the fine amount directed to be paid by the
judgments under challenge.
4. The revision petitioner was sentenced to pay only fine. A
report from the trial court to ensure deposits is called for. The court
below filed a report and therefrom this Court is convinced that
Rs.50,000/- and Rs.2,50,000/- were deposited receptively on
18.04.2012 and 19.09.2012.
In the above circumstances, this Court directs Judicial First
Class Magistrate Court III, Aluva to record that revision petitioner
has paid the fine amount imposed by the judgments assailed fully and
is not liable to be proceeded with further in execution. Therefore
Crl.R.P. No.1956 of 2012
warrant if any issued with a view to execute the sentence shall be re-
called by the trial court. The amount in deposit shall also be
defrayed as compensation to the 2nd respondent on application being
filed for the purpose.
The revision petition stands disposed of with the above
direction.
Sd/-
MARY JOSEPH
JUDGE
al/-
