B.K.Gangadharan vs K.Gangadharan Nair
2024 Latest Caselaw 13549 Ker

Kerala High Court

B.K.Gangadharan vs K.Gangadharan Nair on 24 May, 2024

Author: P.Somarajan

Bench: P.Somarajan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                    CRL.REV.PET NO. 512 OF 2024
  AGAINST THE JUDGMENT DATED 14.11.2023 IN CRA NO.138 OF 2019 OF
   DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL,
  KASARAGOD AGAINST THE JUDGMENT DATED 06.07.2019 IN CC NO.56 OF
   2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KASARAGOD
REVISION PETITIONER/APPELLANT/ACCUSED:

           B.K.GANGADHARAN,
           AGED 54 YEARS,
           S/O. KUNHIRAMAN NAIR, PROPRIETOR, FASHION WEDDING
           COLLECTION, NEAR PADDY SHOPPING COMPLEX, CHERKALA,
           CHENGALA POST, KASARAGOD TALUK,
           KASARAGOD DISTRICT, PIN - 671541
           BY ADVS.
           T.MADHU
           C.R.SARADAMANI
           RENJISH S. MENON
           VRINDA T.S.
           AISWARYA JAYAPAL


RESPONDENT/RESPONDENT/COMPLAINANT & STATE:

    1      K.GANGADHARAN NAIR,
           AGED 65 YEARS,
           S/O. K.N.KUNHAMBU NAMBIAR, RESIDING AT USHASS, KARADKA
           POST, KASARAGOD TALUK, KASARAGOD DISTRICT, PIN - 671542
    2      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031
           BY ADV ARUNKUMAR A

           PP SRI SANGEETHARAJ N R


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 512 OF 2024
& Crl.M.A.2/2024

                                         2


                                     ORDER

When the matter came up for hearing, the learned

counsel for the revision petitioner fairly submitted

that there occasioned some delay in preferring the

revision and an application was also submitted in

Crl.M.A.No.2/2024 for condoning the delay. It is

also conceded that there is no merit in the revision,

as the concurrent judgment of conviction rendered by

both the courts below is resting on the evidence

tendered by the parties concerned, especially the

documentary evidence adduced by the complainant

besides the oral testimony. The sentence awarded

also reflects a proper balance. As such, the learned

counsel pressed for some time to pay the fine amount.

In the result, the Criminal Revision Petition

will stand dismissed along with the application for

condonation of delay, but four months time is granted

for payment of the fine amount and to receive the

sentence. Till that time, no coercive steps shall be

taken against the revision petitioner/accused. The CRL.REV.PET NO. 512 OF 2024

revision petitioner/accused shall appear before the

trial court within that time to receive the sentence.

Sd/-

P.SOMARAJAN JUDGE msp