Kerala High Court
Saji.T.George vs State Of Kerala, Represented By Public ... on 11 September, 2024
Author: K.Babu
Bench: K. Babu
2024:KER:69331
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Crl.M.A.No. 1 of 2024
in
Crl.R.P No.2913 of 2004
&
O.P(Crl) No.528 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
OP(CRL.) NO. 528 OF 2024
JUDGMENT DATED 27.09.2004 IN CRA NO.95 OF 1999 OF
ADDITIONAL DISTRICT COURT (ADHOC), PATHANAMTHITTA
JUDGMENT DATED 11.06.1999 IN CC NO.240 OF 1997 OF
CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA
PETITIONER/ACCUSED:
SAJI.T.GEORGE, AGED 54 YEARS,
S/O.GEORGE, THEKKETHALAKKAL AARON VILLA,
THANNIKUNNU, VETTIYAR, ALAPUZHA, PIN - 690534
BY ADVS.
SUNIL JACOB JOSE
SAYIPRIYA S.
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SRI.G.SUDHEER, PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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Crl.M.A.No. 1 of 2024
in
Crl.R.P No.2913 of 2004
&
O.P(Crl) No.528 of 2024
K.BABU, J.
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Crl.M.A.No. 1 of 2024 in Crl.R.P No.2913 of 2004
&
O.P(Crl) No.528 of 2024
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th
Dated this the 11 day of September, 2024
O R D E R
Crl.M.A.No. 1 of 2024 in Crl.R.P No.2913 of 2004
The prayer in the Crl.M.A No.1 of 2024 is as follows:
"......to extend the time till 29.03.2023, as the time granted to
deposit the amount and comply with the order in Crl.R.P
No.2913/2004 dated 26.07.2012 of the Hon'ble Court."
2. The petitioner is the accused in C.C No.240/1997 on the file
of the Chief Judicial Magistrate Court, Pathanamthitta. The learned
Chief Judicial Magistrate convicted the petitioner under Section 138
of the Negotiable Instruments Act, 1881 and sentenced him to
undergo simple imprisonment for a period of three months and pay
a fine of Rs.1,42,000/-. The learned Magistrate further ordered that
if the fine amount is realised, a sum of Rs.1,40,000/- will be paid to
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the complainant towards compensation under Section 357(1) Cr.PC.
3. The petitioner challenged the conviction and sentence
before the Sessions Court. The Sessions Court confirmed the
conviction and sentence passed by the Trial Court. Challenging the
judgment of conviction, the petitioner filed the above referred
Criminal R.P before this Court. This Court partly allowed the
revision on 26.07.2012. This Court set aside the substantive
sentence of imprisonment. The Court also ordered that the
petitioner shall pay a sum of Rs.1,52,000/- under Section 357(1)
Cr.PC to the complainant. This Court had ordered that in case of
failure of the petitioner to pay or deposit the amount of fine, he
shall undergo simple imprisonment for a period of three months by
way of default sentence.
4. The time to comply with the order dated 26.07.2012 expired
on 25.11.2012.
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5. The petitioner did not comply with the order as directed.
The Trial Court initiated coercive steps against him.
6. He filed O.P(Crl) No.528/2024 seeking to recall the Non-
bailable Warrant issued against him. In the Original Petition, this
Court on 29.08.2024 passed the following interim order:
"It is submitted that the compensation awarded
to the complainant has been recovered from the
petitioner by recourse to Revenue Recovery
proceedings.
2. The learned Public Prosecutor on instruction
submitted that the complainant in C.C No.240/1997 on
the file of the Chief Judicial Magistrate Court,
Pathanamthitta received the amount and he has no
grievance against the petitioner.
3. The learned counsel for the petitioner submits
that the petitioner is intending to file an application
seeking extension of time to comply with the directions
as per order dated 26.07.2012 in Crl.R.P No.2913/2004.
4. Having regard to the facts brought out, the
coercive steps, if any, initiated against the petitioner
shall be kept in abeyance till the next posting date.
Post on 10.09.2024."
7. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
8. The learned counsel for the petitioner submitted that as
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per order dated 16.11.2004, this Court suspended the sentence on
condition that he deposits Rs.40,000/- before the Trial Court. The
learned counsel for the petitioner submitted that the petitioner had
complied with that direction by depositing Rs.40,000/- before the
Trial Court. It is submitted that by recourse to Revenue Recovery
proceedings, the remaining fine amount has been recovered and
the same was disbursed to the complainant.
9. The learned counsel for the petitioner relied on Ext.P3
receipt in O.P(Crl) No.528/2024 to show that a sum of Rs.1,17,770/-
was realised from him by recourse to Revenue Recovery
proceedings. The learned counsel submitted that the complainant
has received Rs.1,52,000/- towards compensation as directed by
this Court. The learned counsel prayed for extending the time to
comply with the direction of this Court till 29.03.2023, the date on
which the entire fine amount was realised.
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10. If the fine amount as directed has been remitted with the
Trial Court and the same has been disbursed to the complainant,
the time granted to comply with the order would stand extended till
29.03.2023 and the warrant would stand recalled.
11. The Crl.M.A is allowed as above.
In view of the order in Crl.M.A No.1 of 2024 in Crl.R.P No.2913
of 2004, the Original Petition (Criminal ) stands closed.
Sd/-
K.BABU,
JUDGE
KAS
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APPENDIX OF OP(CRL.) 528/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED
26/7/2012 OF THIS HON'BLE COURT IN
Exhibit P2 A TRUE COPY OF THE DISCHARGE SUMMARY OF
THE CLINICAL GASTROENTEROLOGY AND
HEPATOLOGY DEPARTMENT, CHRISTIAN
MEDICAL COLLEGE, VELLOOR
Exhibit P3 A TRUE COPY OF THE RECEIPT
NO.KL04061301243/2023 DATED 29/3/2023
ISSUED BY VILLAGE OFFICER, VETTIYAR
