Kerala High Court

Crl.Rev.Pet/3039/2011 of RAJU ANTONY Vs STATE OF KERALA on 30 December 2011

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN FRIDAY, THE 30TH DAY OF DECEMBER 2011/ CRRP.No. 3039 of 2011 ( ) ------------ CRA.233/2010 of ADDL.DISTRICT COURT-I,MAVELIKKARA ST.225/2008 of J.M.F.C. - II, MAVELIKKARA --------------- REVISION

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

FRIDAY, THE 30TH DAY OF DECEMBER 2011/

CRRP.No. 3039 of 2011 ( )

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

CRA.233/2010 of ADDL.DISTRICT COURT-I,MAVELIKKARA

ST.225/2008 of J.M.F.C. - II, MAVELIKKARA

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

REVISION PETITIONER/APPELLANT/ACCUSED:

1.RAJU ANTONYS/O.ANTONY, KARACKAL, CHANGANASSERY,S/O.ANTONY, KARACKAL, CHANGANASSERY, MARKET P.O., KOTTAYAM.

BY ADV.SRI.R.SUNIL KUMAR

SMT.A.SALINI LAL

RESPONDENT/RESPONDENT/COMPLAINTANT/COMPLAINANT

.....................

1. STATE OF KERALA REP.BY THE

PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2.SUJATHA K.G., AGED, 39 YEARS,

W/O.MOHANAN, KULANGARATHU HOUSE, KANDIYOOR,THATTARAMBALAM, MAVELIKKARA PIN 690 514.

SRI.S.R.SREEJITH

PUBLIC PROSECUTOR

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSIONON 30.12.2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

Crl.M.A.No.10972 OF 2011

&Crl.R.P.No.3039 OF 2011

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

Dated this the 30[th] day of December, 2011

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O R D E R

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Assailing the conviction and sentence for offence underSection 138 of the Negotiable Instruments Act in S.T.No.225/2008as confirmed in Crl.A.No.233/2010 on the file of the AdditionalSessions Judge, Mavelikkara, this Revision Petition is filed. Alongwith the Revision Petition, a petition under Section 147 of theNegotiable Instruments Act is filed.

2. Having heard either side, I find no reason to dismissthe petition. Therefore, the petition is recorded. The revisionpetitioner would stand acquitted under Section 320(6) of the Codeof Criminal Procedure read with Section 147 of the NegotiableInstruments Act. The petitioner shall deposit Rs.3000/- (Rupeesthree thousand only) before the Kerala State Legal ServicesAuthority within one month and produce the receipt before thisCourt. In default, the petitioner shall undergo simpleimprisonment for two months.

Crl.R.P. is disposed of as above.

ps/30/12

(P.S.GOPINATHAN, JUDGE)

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