Mahesh vs Saleem
2024 Latest Caselaw 27466 Ker

Kerala High Court

Mahesh vs Saleem on 11 September, 2024

Author: K. Babu

Bench: K. Babu

                 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
            CRL.M.APPL.NO.1/2024 IN CRL.REV.PET NO. 658 OF 2024
                  CRA 28/2024 OF SESSIONS COURT, PALAKKAD

     ST 99/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, PALAKKAD

APPLICANT/REVISION PETITIONER:

     MAHESH, S/O GOPALAKRISHNAN, AGED 45, `MANOJ NIVAS' MUTHUPATTANAM,
     KALPATHY POST, PALAKKAD, PIN - 678003.

RESPONDENTS/RESPONDENTS:

  1. SALEEM, AGED 51 YEARS, SO C.T. MANNU, SUNDARAM COLONY, KUNNUMPURAM,
     KALPATHY (POST), PALAKKAD, PIN - 678003.
  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 entered against the
accused/petitioner in S.T.99 of 2018 dated 18.01.2024 on the files of the
Court of the JFCM-IV, Palakkad and modified as per the judgment dated
12.04.2024 in Crl.A.28 of 2024 on the files of Sessions Judge, Sessions
Court division, Palakkad, pending disposal of the Criminal Revision
Petition.
     This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. P.K.MOHANAN (PALAKKAD), THAREEQ
ANVER K., Advocates for the petitioner and of the PUBLIC PROSECUTOR for
the second respondent, the Court passed the following:

                                                                   P.T.O.
                               K.BABU, J.
                    ------------------------------------
                  Crl.Rev.Pet.No.658 of 2024
                                     &
                      Crl.M.A.No.1 of 2024
                                     in
                  Crl.Rev.Pet.No.658 of 2024
                    ------------------------------------
            Dated this the 11th day of September, 2024

                               ORDER

Admit. The learned Public Prosecutor takes notice for

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

----------------------------

Heard both sides.

2. The revision petitioner has been convicted under

Section 138 of the Negotiable Instruments Act, 1881, and

sentenced to undergo imprisonment for three months and pay

fine of Rs.1,07,800/- .

3. The disposal of the revision petition 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:

Crl.M.A.No.1 of 2024 & Crl.Rev.Pet.No.658 of 2024 in

(i) The revision petitioner shall execute 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 revision petitioner shall also deposit 20%

of the fine amount before the Trial Court within

two months from this date.

Sd/-

K.BABU, JUDGE saap

11-09-2024 /True Copy/ Assistant Registrar