Kerala High Court
Sajitha vs Mini on 22 October, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
CRL.M.APPL.NO.2/2024 IN CRL.REV.PET NO. 1080 OF 2024
CRA 53/2019 OF ADDITIONAL SESSIONS COURT IV, THRISSUR
CC 64/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, WADAKKANCHERRY
APPLICANT/REVISION PETITIONER:
SAJITHA, AGED 42 YEARS, W/O PRABHAKARAN, KATTYAMKUMARATH HOUSE,
MANGAD DESOM, KOTTAPURAM VILLAGE, THALAPPILLY TALUK, THRISSUR DT. -
680584.
RESPONDENTS/RESPONDENT:
1. MINI, AGED 36, W/O MANOJ, THATHIRIYATTU HOUSE, NEAR ERUMAPETTY
GOVERNMENT HIGHER SECONDARY SCHOOL, ERUMAPETTY DESOM, KARIYANNUR
VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT - 680584.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
Application praying that in the circumstances stated therein, the
High Court be pleased to suspend the sentence and conviction imposed by
the trial court as modified by the lower appellate court in the judgment
in Crl.Appeal No. 53/2019 dated 05-02-2024 on the file of the IVth Addl.
Sessions Court, Thrissur, pending consideration of the above revision
petition in the interests of justice.
This application coming on for orders on 22-10-2024, upon perusing
the application and upon hearing the arguments of M/S.SANAL C.S &
CHACKOCHEN VITHAYATHIL, Advocates for the petitioner and of the PUBLIC
PROSECUTOR for the second respondent, the Court passed the following:
K.BABU, J.
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Crl.Rev.Pet.No.1080 of 2024
&
Crl.M.A.Nos.1 of 2024 & 2 of 2024
in
Crl.Rev.Pet.No. 1080 of 2024
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Dated this the 22nd day of October, 2024
ORDER
Heard. Party respondent opposed.
The petitioner has shown sufficient cause to condone the delay.
Hence, the delay is condoned.
Admit.
The learned Public Prosecutor takes notice for respondent No.2.
Issue notice to respondent No.1.
2. The revision petitioner has been convicted under Section 138 of
the Negotiable Instruments Act, 1881, and sentenced to undergo
imprisonment till rising of the Court and pay a compensation of
Rs.1,50,000/- to the complainant.
3. Heard both sides.
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
&
Crl.M.A.Nos.1 of 2024 & 2 of 2024
in
likely to take time, this Court feels that the execution of the sentence
imposed on the revision petitioner is liable to be suspended on
conditions. Therefore, the execution of the sentence imposed on the
revision petitioner shall stand suspended and bail granted to her on the
following conditions:
(i) The revision petitioner shall execute bond for Rs.50,000/-
(Rupees Fifty Thousand only) with two solvent sureties each for
the like sum to the satisfaction of the trial Court.
(ii) The revision petitioner shall also deposit 20% of the
compensation amount in the Trial Court within one month from
this date. If she has already remitted 20% of the compensation
amount before the trial court, she is not required to comply with
the above condition.
Sd/-
K.BABU, JUDGE
dlk/22.10.2024
22-10-2024 /True Copy/ Assistant Registrar
