Kerala High Court
M/S. Vysali Pharmaceuticals Ltd vs State Of Kerala on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 24th day of May 2023 / 3rd Jyaishta, 1945
CRL.MC NO. 1262 OF 2023
ST 2373/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- VI, ERNAKULAM
PETITIONERS/ACCUSED NO.1 AND 3:
1. M/S. VYSALI PHARMACEUTICALS LTD., AGED 55 YEARS 32/1289, CIVIL LINE
ROAD, PALARIVATTOM, KOCHI 682 023, REPRESENTED BY MANAGING DIRECTOR,
MR. A.D. KRISHNAN,, PIN - 682024
AND 2 OTHERS
RESPONDENTS/COMPLAINANTS:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
AND ANOTHER
This CRL.MC again coming on for orders upon perusing the
application and this court's order dated 13/04/2023 in Crl.M.A.1/2023 and
upon hearing the arguments of M/S.K.R.VINOD, M.S.LETHA, NABIL KHADER,
CHITHRA C.EDADAN, Advocates for the petitioners and of
PUBLIC PROSECUTOR for the respondents, the court passed the following:
P.T.O.
RAJA VIJAYARAGHAVAN V, J.
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Crl.M.C No. 1262 of 2023
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Dated this the 24th day of May, 2023
ORDER
Records reveal that on 26.06.2013, this Court had disposed of the
Crl. Revision Petition by ordering as under:
"i. The Revision Petitioners 2 and 3 shall undergo simple imprisonment for
one day till rising of the court.
ii. The first Revision Petitioner shall pay a fine of rs. 5,000/- (Rupees Five
Thousand Only) within one month from today.
iii. The Revision Petitioners 2 and 3 shall pay Rs. 5,32,500/- (Rupees Five
Lakhs Thrity-Two Thousand Five Hundred Only) each to the
complainant/1st respondent as compensation within a period of six months
from today.
iv. The Revision Petitioners 2 and 3 shall appear before the Trial Court to
suffer substantive sentence of simple imprisonment as ordered above on or
before 01.01.2014 with sufficient proof to show payment of compensation.
v. In default, the Revision Petitioners 2 and 3 shall undergo simple
imprisonment for a period of one month each.
vi. Execution of sentence imposed under the impugned judgment shall be
kept in abeyance till 01.01.2014."
2. On the premise that the writ court has passed an interim order
Crl.M.C No. 1262 of 2023
on 13.08.2010 in W.P.(C.) No. 19136/2010, the petitioners have not
complied with the order passed by this Court.
3. Considering the grievances of the petitioners, a learned Single
Judge of this Court has permitted the petitioners to remit certain amounts.
It appears that the petitioners have remitted a total sum of Rs. 5 lakhs.
4. The learned counsel appearing for the petitioners submits that
the total amount due is Rs. 10,65,000/-, out of which a sum of Rs.
2,00,000/- as directed by the Fast Track Court, Ernakulam when the
sentence imposed in S.T.No. 2373/2008 was suspended.
5. That be the case, if the amount was not disbursed to the
respondent, the respondent will be at liberty to approach the court
concerned and to get released the amount of Rs. 2,00,000/-, deposited as
above.
6. The balance amount, therefore due to the respondent is
5,65,000/-. No further time can be granted for payment of the amount as
the revisional order has become final as early as in the year 2013. At this
stage, Sri. K.R. Vinod, the learned counsel appearing for the petitioners,
submits that all efforts shall be taken to clear off the amount as ordered by
Crl.M.C No. 1262 of 2023
the revisional court. As a last chance, one month's time is granted to the
petitioners to remit a sum of Rs. 3,00,000/- and the balance amount shall
be remitted within a further period of one month.
Post after one month.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
avs
24-05-2023 /True Copy/ Assistant Registrar
