Kerala High Court
Ibrahim A vs Ajish Rajan on 30 October, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Wednesday, the 30th day of October 2024 / 8th Karthika, 1946
CRL.M.APPL.NO.1/2024 IN CRL.REV.PET NO. 1182 OF 2024
ST 276/2016 OF CHIEF JUDICIAL MAGISTRATE, PATHANAMTHITTA
CRIMINAL APPEAL NO 15/2020 OF ADDITIONAL SESSIONS COURT-II, PATHANAMTHITTA
APPLICANT/REVISION PETITIONER/APPELLANT/ACCUSED:
IBRAHIM A, AGED 48 YEARS, S/O.ABDUL RAHMAN RAWTHER ,CHANNAMKARA
VADAKKATHIL VEEDU, KUNDAYAM P.O, PATHANAPURAM - 689695.
RESPONDENTS/RESPONDENTS/DEFACTO COMPLAINANT/STATE OF KERALA
1. AJISH RAJAN, AGED 39 YEARS, S/O RAJAN ,MARYGREEN, MURINJAKAL P.O,
ARUVAPULAM VILLAGE, KONNI TALUK,PATHANAMTHITTA - 689693.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend and acquit the execution of sentence
ordered in Judgment of the Chief Judicial Magistrate Court Pathanamthitta
in S.T.No.276/2016 dated 30.01.2020 and confirmed as per Judgment of the
Additional Sessions Judge No-II, Pathanamthitta in Crl.Appeal No.15/2020
dated 26.07.2023 and release the Petitioner/Revision Petitioner/Accused on
bail.
This application coming on for orders on 30.10.2024 upon perusing
the application and upon hearing the arguments of Sri.NAHAS HABEEB.,
Advocate for the petitioner and of the PUBLIC PROSECUTOR for the second
respondent, the Court passed the following:
K.BABU, J.
-------------------------------------
Crl. R.P..No. 1182 of 2024
---------------------------------------
Dated this the 30th day of October, 2024
ORDER
Heard. Delay condoned.
Crl.R.P.
Admit.
2. Issue notice to respondent No.1. The learned
Public Prosecutor takes notice for respondent No.2.
The challenge in this revision is to the judgment
dated 30.01.2020 in ST No.276 of 2016 of the Chief
Judicial Magistrate's Court, Pathanamthitta, which has
been modified by the judgment dated 26.07.2023 in
Crl.Appeal No. 15 of 2020 by the Additional Sessions
Court-II, Pathanamthitta.
Crl.R.P. 1182 of 2024
..2..
2. The appellant is the sole accused. He has been
convicted under Section 138 of the Negotiable
Instruments Act and sentenced to undergo imprisonment
till rising of the Court and pay a compensation of Rs.
10,00,000/-.
3. Ms. Farzana, the learned counsel entered
appearance for respondent No.1/complainant and
submitted that the petitioner/revision petitioner paid
Rs.4,00,000/- and respondent No.1 has no objection in
suspending the sentence.
Therefore, the conviction and sentence imposed on
the petitioner/revision petitioner by the judgment dated
30.01.2020 in ST No.276 of 2016 of the Chief Judicial
Magistrate's Court, Pathanamthitta, which has been
modified by the judgment dated 26.07.2023 in Crl.Appeal
No. 15/2020 by the Additional Sessions Court-II,
Pathanamthitta, are suspended and the revision petitioner
is ordered to be released on bail on his executing bond
Crl.R.P. 1182 of 2024
..3..
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.
Sd/-
K.BABU,
JUDGE
kkj
30-10-2024 /True Copy/ Assistant Registrar
