Sreekrishnalal vs State Of Kerala
2024 Latest Caselaw 32070 Ker

Citation : 2024 Latest Caselaw 32070 Ker
Judgement Date : 7 November, 2024

Kerala High Court

Sreekrishnalal vs State Of Kerala 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.1/2024 IN CRL.REV.PET NO. 752 OF 2024
          CRA 170/2022 OF ADDITIONAL SESSIONS COURT-I, MAVELIKARA
      ST 113/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, MAVELIKARA
APPLICANT/REVISION PETITIONER:

     SREEKRISHNALAL, S/O DAMODARAN PILLAI, AGED 55 YEARS, LALJI PALACE,
     KOTTARKAVUMURI, MAVELIKKARA, ALAPPUZHA DISTRICT - 690101.

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
     ERNAKULAM - 682031.
  2. SUSHEELA SOMARAJAN, W/O.LATE SOMARAJAN, AGED 65 YEARS, S.S. NIVAS,
     KALLUMALA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT - 690110 (LEGAL HEIR
     OF LATE SOMARAJAN)
  3. BINI SOMARAJAN, D/O.LATE SOMARAJAN, AGED 38 YEARS, S.S.NIVAS,
     KALLUMALA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT-690110 (LEGAL HEIR
     OF LATE SOMARAJAN)
  4. BINU SOMARAJAN, S/O.LATE SOMARAJAN, AGED 42 YEARS, S.S.NIVAS,
     KALLUMALA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT-690110. (LEGAL HEIR
     OF LATE SOMARAJAN)

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the conviction and sentence passed
against the petitioner through dated 18.12.2023 in Crl.Appeal No.170 of
2022 of the Additional Session's Judge-I, Mavelikkara arising from
judgment dated 12.09.2022 in S.T.No.113 of 2019 of the Judicial First
Class Magistrate's Court-I, Mavelikkara, pending disposal of this Criminal
Revision Petition in the interest of justice.
     This application coming on for admission upon perusing the
application and upon hearing the arguments of M/S.STEPHY K REGI & ANJANA
P., Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
first respondent, the Court passed the following:
                             K.BABU, J
           -------------------------------------------------
                    Crl.R.P No.752 of 2024
           -------------------------------------------------
         Dated this the 7th day of November, 2024

                           ORDER

Heard. Delay condoned.

Admit. The learned Public Prosecutor takes notice

for respondent No.1. Issue notice to respondent Nos. 2

to 4.

2. The petitioner has been convicted under Section

138 of the NI Act. He has been sentenced to undergo

simple imprisonment for one month and pay a fine of

Rs.2,50,000/-.

3. Heard both sides.

4. The disposal of the revision is likely to take

time. Having regard to the fact that the disposal of the

revision is likely to take time, this Court feels that

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 a bond for

Rs.1,00,000/- (Rupees One Lakh 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 fine

amount in the Court below, within one month

from today. On deposit of the amount, the

complainant is entitled to get the amount

released, as provided under Section 148 of the

NI Act.