Kerala High Court
K. Satheesh Chandran @ K.S.Chandran vs T. Samuel Varghese @ Sam Varghese on 7 November, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Thursday, the 7th day of November 2024 / 16th Karthika, 1946
CRL.M.APPL.NO.2/2024 IN CRL.REV.PET NO. 1219 OF 2024
CRA 27/2023 OF ADDITIONAL DISTRICT AND SESSIONS COURT - III, PATHANAMTHITTA
ST 3399/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, PATHANAMTHITTA
APPLICANT/REVISION PETITIONER/APPELLANT/ACCUSED:
K. SATHEESH CHANDRAN @ K.S.CHANDRAN, S/O. K.KUNJU SANKARAN, RESIDING
AT JYOTHIS, T.C. NO. 50/1577(9), THALAYIL, KARAMANA P.O,
THIRUVANANTHAPURAM
RESPONDENTS/RESPONDENTS/RESPONDENTS/STATE:
1. T. SAMUEL VARGHESE @ SAM VARGHESE, AGED 71, S/O LATE SRI. T.V.
SAMUEL, THOLOOPARAMBIL, RAJAPURI, THEKKEMALA P.O, KOZHENCHERRY
TALUK, PATHANAMTHITTA
2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
Application praying that in the circumstances stated therein, the
High Court be pleased to suspend the conviction and sentence passed by the
Judicial First Class Magistrate Court I, Pathanamthitta dated 31.03.2023
in S.T. No. 3399/2018 which was confirmed by the Additional Sessions Judge
III, Pathanamthitta as per the judgment dated 30-08-2024 in Criminal
Appeal No. 27/2023, pending disposal of the above revision petition.
This application coming on for orders on 07.11.2024 upon perusing
the application, and upon hearing the arguments of M/S. S.K. ADHITHYAN,
CHRISTY THOMAS, SHAHINA NOUSHAD, REUBEN CHARLY, Advocates for the
petitioners, and of the PUBLIC PROSECUTOR for the second respondent, the
Court passed the following:
P.T.O.
K.BABU, J.
-------------------------------------------------------
Crl.Rev.Pet.No.1219 of 2024
&
Crl.M.A.No.2 of 2024
in
Crl.Rev.Pet.No.1219 of 2024
--------------------------------------------------------
Dated this the 7th day of November, 2024
ORDER
Admit.
The learned Public Prosecutor takes notice for
respondent No.2. Issue notice to respondent No.1.
----------------------------
2. The petitioner has been convicted under Section
138 of the Negotiable Instruments Act. He has been
sentenced to undergo simple imprisonment for a period of 16
months and pay compensation of Rs.28,55,000/- to the
complainant.
3. Heard both sides.
Crl.Rev.Pet.No.1219 of 2024 &
Crl.M.A.No.2 of 2024 in
4. The disposal of the revision petition is likely to
take time. Having regard to the fact that the disposal of the
revision petition is likely to take time, this Court feels that
the execution of the sentence imposed on the petitioner is
liable to be suspended on conditions. Therefore, the
execution of the sentence imposed on the petitioner shall
stand suspended and bail granted to him on the following
conditions:-
I. The petitioner shall execute bond for
Rs.5,00,000/- (Rupees Five Lakhs only) with
two solvent sureties each for the like sum to
the satisfaction of the trial Court.
II. The petitioner shall also deposit 20% of the
compensation awarded before the trial Court. If
he has already remitted 20% of the
compensation awarded before the trial Court,
he is not required to comply with the above
condition. On deposit of the amount, the
Crl.Rev.Pet.No.1219 of 2024 &
Crl.M.A.No.2 of 2024 in
complainant is entitled to get the amount
released, as provided under Section 148 of the
NI Act.
Sd/-
K.BABU,
JUDGE
NM
07-11-2024 /True Copy/ Assistant Registrar
