Kerala High Court
M.P. Sreejith vs Gayathri Devi on 13 September, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Friday, the 13th day of September 2024 / 22nd Bhadra, 1946
CRL.M.APPL.NO.1/2024 IN CRL.REV.PET NO. 975 OF 2024
STC 428/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY
CRA 123/2022 OF SESSIONS COURT, THALASSERY
REVISION PETITIONER/APPELLANT/ACCUSED:
M.P. SREEJITH, S/O. NARAYANAN, AGED 58 YEARS, MANAGER, CHAITHANYA
VOCATION TRAINING COLLEGE, ACHIQUE TOWER, NEAR FEDERAL BANK, LOGANS
ROAD, THALASSERY, KANNUR DIST,, PIN - 670101.
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
1. GAYATHRI DEVI, W/O.DILEEP KUMAR, SHANTHIBHAVANAM, NEDUMPOIL.P.O,
KANNUR DIST., PIN - 670650.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed upon the revision
petitioner in the Judgment dated 20.07.2024 in Crl.A.No.123/2022 on the
files of the Sessions Court, Thalassery, in judgment dated 13.06.2022 in
STC No.428/2017 on the files of the Judicial First Class Magistrate Court
Thalassery, pending the revision.
This application coming on for orders upon perusing the application
and upon hearing the arguments of CIBI THOMAS, 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. 975 of 2024
&
Crl.M.A No.1 of 2024 in Crl.R.P.No. 975 of 2024
------------------------------------
Dated this the 13th day of September, 2024
ORDER
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. He
has been sentenced to undergo imprisonment till rising of
the Court and pay compensation of Rs.2,00,000/- to the
complainant.
3. Heard both sides.
4. 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
&
in
to him 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 awarded in the
Trial Court within one month from this date.
Sd/-
K.BABU,
JUDGE
saap
13-09-2024 /True Copy/ Assistant Registrar
