Kerala High Court
N J Jose vs State Of Kerala 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.2/2024 IN CRL.REV.PET NO. 1150 OF 2024
CC 521/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, THODUPUZHA
CRA 116/2022 OF ADDITIONAL SESSIONS COURT-III, THODUPUZHA
APPLICANT/REVISION PETITIONER:
N J JOSE, S/O.JOSE, AGED 44 YEARS, NADUKKUDIYIL HOUSE, MANKUVA KARA,
KONNATHADI VILLAGE - 685604.
RESPONDENTS/RESPONDENT/
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
2. JOSEPH THOMAS, S/O.THOMAS, AGED 66 YEARS, AREECKAL HOUSE, NEELOOR
KARA P.O, KADANAD VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT -
686651.
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 28.09.2024 in Cr.Appeal No.116 of
2022 of the Additional Session's Judge-III, Thodupuzha arising from
judgment dated 19.10.2022 in C.C.No.521 of 2016 of the Judicial
Magistrate's First Class Court-I, Thodupuzha pending disposal of this of
this Criminal Revision Petition in the interest of justice.
This application coming on for orders upon perusing the application
and upon hearing the arguments of Sri.STEPHY K REGI, Advocates for the
petitioner and the PUBLIC PROSECUTOR for the first respondent, the Court
passed the following:
K.BABU, J.
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Crl.R.P.No. 1150 of 2024
&
Crl.M.A No.2 of 2024 in Crl.R.P.No. 1150 of 2024
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Dated this the 30th day of October, 2024
ORDER
Admit. The learned Public Prosecutor takes notice for
respondent No.1. Issue notice to respondent No.2.
2. The revision petitioner has been convicted under Section
138 of the Negotiable Instruments Act. He has been sentenced to
undergo simple imprisonment for a period of one month and pay an
amount of Rs.1,50,000/- as compensation to the complainant.
3. Heard both sides.
The disposal of the revision 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 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
him on the following conditions:
&
in
(i) The revision petitioner shall execute a 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 he has
already remitted 20% of the compensation
amount before the Trial Court, he is not required
to comply with the above condition.
Sd/-
K.BABU,
JUDGE
KAS
30-10-2024 /True Copy/ Assistant Registrar
