Kerala High Court
Thankamahny.G vs Ambika Ansel on 15 January, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
Crl.Rev.Pet.No. 14 of 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 15TH DAY OF JANUARY 2025 / 25TH POUSHA, 1946
CRL.REV.PET NO. 14 OF 2022
AGAINST THE JUDGMENT DATED 29.10.2021 IN Crl.A NO.84 OF 2020
OF II ADDITIONAL DISTRICT COURT & II ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, KOLLAM ARISING OUT OF THE JUDGMENT DATED
17.09.2020 IN ST NO.324 OF 2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS - V, KOLLAM
REVISION PETITIONER/APPELLANT/ACCUSED:
THANKAMAHNY.G
AGED 61 YEARS, D/O. GOMATHY,
KOLLAVILA VEEDU, VIDYA NAGAR,
HOUSE NO. 57, TKMC P.O,
KARICODE, KOLLAM - 691005.
BY ADV BINDU SREEKUMAR
RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:
1 AMBIKA ANSEL
AGED 61 YEARS, W/O. ANSEL.G,
ABHI NIVAS, KUMBALAM P.O,
KOLLAM - 691005.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM - 682031.
*3 JERALD ANSEL
AGED 68 YEARS, S/O ANSEL, ABHI NIVAS,
KUMBALAM PO, KOLLAM-691503.
Crl.Rev.Pet.No. 14 of 2022
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4 ABHILASH ANSEL
S/O JERALD ANSEL, ABHI NIVAS,
KUMBALAM PO. KOLLAM-691503.
5 ABHAYA ANSEL
D/O JERALD ANSEL, ABHI NIVAS,
KUMBALAM PO,KOLLAM,691503.
*[ADDL.RESPONDENT NOS.3 TO 5 ARE IMPLEADED AS PER
ORDER DATED 27.01.2023]
BY ADVS.
SAJU J PANICKER
KURIAN K JOSE(K/001510/2019)
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD
ON 15.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.Rev.Pet.No. 14 of 2022
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ORDER
This Revision Petition has been filed challenging the
concurrent conviction and sentence passed in a prosecution
under Section 138 of the Negotiable Instruments Act (for short
'the N.I. Act').
2. The 1st respondent filed a private complaint against
the petitioner under Section 138 of the N.I. Act before the
Judicial First Class Magistrate Court - V, Kollam (for short 'the
trial court'). The learned Magistrate after the trial, convicted
the petitioner for the offence punishable under Section 138 of
the N.I. Act and she was sentenced to undergo simple
imprisonment for a period of three months and to pay fine of
₹2,60,500/-, in default of payment of fine, to suffer simple
imprisonment for one month. The IInd Additional Sessions
Court, Kollam, in the appeal, confirmed the conviction and
modified the sentence reducing the substantive sentence to till
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rising of the court and directing the petitioner to pay the
compensation of Rs.2,60,500/- to the 1 st respondent under
Section 357(3) of the Criminal Procedure Code.
3. I have heard the learned counsel for the petitioner as
well as the learned counsel for the respondents.
4. The learned counsel for the petitioner submitted that
the petitioner has already paid ₹1,16,000/- before the treasury
savings bank account of Principal Munsiff, Kollam in a
connected civil suit between the parties. The details of the
deposit have been given in ground C of the Revision Petition.
The learned counsel further submitted that the petitioner
deposited 25% of the fine amount (Rs.65,125/-) at the time of
admission of the appeal as a condition to suspend the
sentence. The 1st respondent admits the deposit of the said
amount. The balance compensation amount would come to
₹79,375/-. The learned counsel for the petitioner further
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submits that the petitioner is prepared to pay the same within a
period of twelve months. The learned counsel for the 1 st
respondent submits that the 1st respondent has no objection for
granting twelve months' time to the petitioner. Hence, this
Revision Petition is disposed of granting twelve months' time to
the petitioner to appear before the trial court to receive
imprisonment till rising of the court and also to deposit the
balance compensation amount of ₹79,375/-.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
