Kerala High Court
Crl.Rev.Pet/926/2022 of SHARAFUDEEN Vs STATE OF KERALA on 30 December 2022
OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 CRL.REV.PET NO. 926 OF 2022 AGAINST THE ORDER/JUDGMENTCC 165/1997 OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM CRA 95/2001 OF DISTRICT COURT
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944CRL.REV.PET NO. 926 OF 2022
AGAINST THE ORDER/JUDGMENTCC 165/1997 OF CHIEF JUDICIALMAGISTRATE ,KOLLAM
CRA 95/2001 OF DISTRICT COURT & SESSIONS COURT,KOLLAMREVISION PETITIONER/S:
SHARAFUDEENAGED 66 YEARSS/O.ABDUAL SATHAR AGED 66 YEARS,STAR HOTEL, BEACH ROAD, KOLLAM. , PIN - 691001
BY ADVS.B.MOHANLALABIJITH M.
RESPONDENT/S:
1STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 6820312SURESH KUMARS/O.SUBRAMANIAN PILLAI, SREEHRI, POST OFFICE ROAD, THEVALLY.P.O.,KOLLAM.(DIED)., PIN - 6910093S. NEELAVATHIW/O LATE SURESH KUMAR, AGED 60, SUDARSAN, AMMAN NAGAR-190,PATTATHANAM,P.O. KOLLAM-691 021, PIN - 6910214KARTHIKA SURESHD/O LATE SURESH KUMAR, SUDARSAN, AMMAN NAGAR-190,PATTATHANAM,P.O.
CRL.REV.PET NO. 926 OF 20222KOLLAM., PIN - 691021BY ADV SHINE N.S
OTHER PRESENT:
PP SEENA C
THIS CRIMINAL REVISION PETITION HAVING COME UP FORADMISSION ON 30.12.2022, THE COURT ON THE SAME DAY DELIVEREDTHE FOLLOWING:
P.V.KUNHIKRISHNAN, J
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Crl.Rev. Petition No.926 of 2022
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Dated this the 30[th] day of December, 2022
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O R D E R
This Criminal Revision is filed challenging the convictionand sentence imposed on the revision petitioner as per thejudgment dated 7.5.2001 in CC No. 165/1997 on the file of theChief Judicial Magistrate, Kollam which is confirmed by theSessions Judge, Kollam in Crl.Appeal No. 95/2001. The offencealleged against the petitioner was under Sec. 138 of theNegotiable Instrument Act.
2. This revision was filed with a delay condonationpetition to condone the delay of 6397 days. This Court waspleased to condone the delay as per order dated 27.12.2022.The petitioner is in custody from 22.12.2022 onwards.
3. Today, when this revision petition came up forconsideration, the learned counsel for the petitioner and the
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learned counsel appearing for respondents 2 to 4 submittedthat the entire dispute between the petitioner and thedeceased complainant is settled. The counsel appearing forrespondent Nos. 2 to 4 submitted that they have no objectionin setting aside the conviction and sentence. An application isalso filed to compound the offence under Sec.147 of theNegotiable Instruments Act. Another petition is also filed toexempt the revision petitioner from paying 15% of the chequeamount.
4. Considering the facts and circumstances of this case,I think the applications can be allowed and the conviction andsentence imposed on the petitioner can be set aside.
Therefore, this Criminal Rev. Petition is allowed in thefollowing manner :
1) Crl.M.A. No. 3/2022 is allowed.
2) Crl.M.A. No. 2/2022 is allowed.
3) The conviction and sentence imposed on the revisionpetitioner as per the judgment dated 7.5.2001 in CC No.165/1997 which is confirmed by judgment dated31.3.2003 in Crl.Appeal No. 95/2001 by the Sessions
Judge, Kollam is set aside.
1) The Registry will issue a release order of the petitionerforthwith, if the petitioner is not involved in any othercase, to the Superintendent, District Jail, Kollamforthwith.forthwith, if the petitioner is not involved in any othercase, to the Superintendent, District Jail, Kollamforthwith.
SD/-
P.V.KUNHIKRISHNAN JUDGE
SKS
CRL.REV.PET NO. 926 OF 2022
APPENDIX OF CRL.REV.PET 926/2022
PETITIONER ANNEXURES
Annexure.1 in Delay THE TRUE COPY OF THE RECEIPT FOR MONEY Petition.ISSUED FROM THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM DATED 22.12.2022.