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P.P. ANTONY, PALLILPARAMBIL HOUSE versus A.M. JACOB, ALUNKAL HOUSE

High Court of Kerala

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P.P. ANTONY, PALLILPARAMBIL HOUSE v. A.M. JACOB, ALUNKAL HOUSE - Crl Rev Pet No. 2898 of 2003 [2006] RD-KL 4003 (20 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2898 of 2003()

1. P.P. ANTONY, PALLILPARAMBIL HOUSE,
... Petitioner

Vs

1. A.M. JACOB, ALUNKAL HOUSE,
... Respondent

2. STATE OF KERALA, REP. BY THE

For Petitioner :SRI.DINESH R.SHENOY

For Respondent :SRI.K.D.PAUL DALIN

The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :20/12/2006

O R D E R

K.P.BALACHANDRAN, J.


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Crl.R.P.NO.2898 OF 2003
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Dated this the 20th day of December 2006

ORDER

The accused convicted for offence under Section 138 of N.I. Act and sentenced thereunder to undergo imprisonment for one day and to pay a compensation of Rs.1,25,000/- and in default to undergo simple imprisonment for three months concurrently by the courts below is the petitioner. When the matter is taken up for final hearing, it is submitted by counsel for the first respondent/complainant that an amount of Rs.90,000/- has already received from the petitioner. Counsel for the petitioner submits that a further amount of Rs.15,000/- is in deposit in the court of the Judicial First Class Magistrate-I, Kochi to the credit of C.C.568/2001 that being amount deposited pursuant to direction of the Sessions Court, Ernakulam in Criminal Appeal 233/03 and that she has no objection for the first respondent receiving that amount. Counsel for petitioner further submits that the petitioner is ready to pay the balance amount also for which some time may be granted. In the result, I confirm the conviction and sentence passed Crl.R.P.NO.2898 OF 2003 Page numbers by the courts below against the petitioner and dismiss this criminal revision petition and direct the petitioner to surrender before the Magistrate concerned positively in the FN of 22-1-2007 to serve the sentence and to pay or deposit the balance amount of Rs.20,000/-. In case the amount is not paid positively on that day the learned Magistrate shall enforce the default sentence as against the petitioner forthwith. It is made clear that the substantive term of imprisonment for one day ordered by the courts below shall be imprisonment for one day till rising of court in the event of the balance compensation amount being paid on the day fixed for appearance.

K.P.BALACHANDRAN, JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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