Kerala High Court
B. Najeeb vs State Of Kerala on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 31st day of March 2023 / 10th Chaithra, 1945
CRL.REV.PET NO.324 OF 2023
CRA 98/2009 OF THE DISTRICT & SESSIONS COURT(FAST TRACK I), ALAPPUZHA
CC 259/2008 OF THE CHIEF JUDICIAL MAGISTRATE , ALAPPUZHA
REVISION PETITIONER/APPELLANT/ACCUSED:
B. NAJEEB, S/O. S.B. BASHEER, AGED 45 YEARS, AMBAZHAYIL HOUSE, (ANJU
MANZIL) ALIZERRY WARD, ALAPPUZHA DISTRICT - 686001.
RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.
2. ALAPPUZHA CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD .,
NO. A94, NEAR Y.M.C.A BRIDGE, ALAPPUZHA - 688 001, REPRESENTED BY
ITS SECRETARY, T.N. VISWANATHAN PILLAI, AGED 53 YEARS.
This Criminal revision petition coming on for admission upon
perusing this petition and upon hearing the arguments of M/S.GEORGE
MATHEW, M.D.SASIKUMARAN, SUNIL KUMAR A.G, MATHEW K.T, GEORGE K.V & STEPHY
K REGI Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
first respondent, the Court passed the following:
p.t.o.
A.BADHARUDEEN, J.
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Crl.Rev.Pet No. 324 of 2023
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Dated this the 31st day of March, 2023
ORDER
This revision petition has been filed challenging the
conviction sentence imposed by the Chief Judicial
Magistrate's Court, Alappuzha in C.C.No. 259 of 2008,
dated 05.02.2009. and the judgment in Crl.Appl.No. 98/2009
on the files of the Additional Sessions Judge, Fast Track
Court-1, Alappuzha, dated 04.08.2009.
2. This Court passed order in Crl.MA No. 1/2023, on
30.03.2023, as under:
"This is an application seeking to condone the delay of
4895 days in filing the revision petition.
Learned counsel for the petitioner submits that the
entire amount due to the bank, which was the reason
for initiating prosecution under Section 138 of the NI
Act, has been paid. I it is also submitted that despite
such payment, the petitioner has been arrested in
execution of the sentence imposed by the trial court.
Crl.Rev.Pet No. 324 of 2023
..2..
Learned counsel representing the 2nd respondent
acknowledges the payment made by petitioner and submits
that the bank has no objection in the delay being condoned.
Hence, in spite of the inordinate delay of 4895 days,
the same is condoned. Post for admission tomorrow"
3. Today, it is submitted by the learned counsel for the 2 nd
respondent that entire fine amount imposed by the trial court and
confirmed by the Appellate Court was paid and the complainant
has no grievance.
4. At this juncture, it is submitted by the learned counsel for
the revision petitioner that, the revision may be disposed
confining sentence already undergone by the petitioner with
effect from 22.03.2023 to 31.03.2023.
5. Since, the amount has been paid and the accused
undergone imprisonment from 22.03.2023 to 31.03.2023, I am
inclined to modify the sentence in the interest of justice.
Accordingly sentence in the matter stands modified for the period,
the revision petitioner undergone sentence from 22.03.2023 to
31.03.2023 and recording the payment of the fine acknowledged
by the 2nd respondent.
Crl.Rev.Pet No. 324 of 2023
..3..
Since, the sentence as such seen executed, the Jail
Superintendent concerned, is directed to release the petitioner
immediately on receipt of copy of this order, if his presence in
custody in connection with any other case is not required.
Sd/-
A.BADHARUDEEN, JUDGE
mtk
31-03-2023 /True Copy/ Assistant Registrar
