High Court of KeralaCrl.Rev.Pet/1212/2010dismissed

Kanthaswamy v. C.Asokan

2015-11-26Honourable Mr. Justice B.Sudheendra Kumar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 Crl.Rev.Pet.No. 1212 of 2010 ( ) --------------------------------- ST 2883/2008 of J.M.F.C.,ALATHUR REVISION PETITIONER(S)/COMPLAINANT:

--------------------------------------------------------- KANTHASWAMY S/O.LATE KRISHNSWAMY, AGED 51 YEARS, RESIDING AT 'SAI RAM'., KUTHAMPULLY KANIYARTHODU, THRISSUR DISTRICT.

BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S)/ACCUSED & STATE:

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1. C.ASOKAN, S/O.CHOUNDAPPAN CHETTIAR, H.NO.III/387, KATTUKODU ROAD, VADAKKANCHERRY PALAKKAD DISTRICT.

2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADV. SRI.JOHNSON P.JOHN R1 BY ADV. SRI.BABY MATHEW R2 BY PUBLIC PROSECUTOR, SHRI.R.GITHESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.SUDHEENDRA KUMAR, J.

- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - Crl.R.P. No.1212 of 2010 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November 2015

O R D E R

The revision petitioner is the complainant in S.T. No.2883 of 2008 on the files of the court of the Judicial Magistrate of First Class, Alathur. The court below convicted the accused under Section 138 of the Negotiable Instruments Act and sentenced him to imprisonment till the rising of the court and a fine of Rs.20,000/-. Being not satisfied with the quantum of sentence awarded, this revision petition had been filed.

2. Heard.

3. When this matter has been taken up for hearing, the

Crl.R.P.121/2010 : 2 :

learned counsel for the revision petitioner has submitted that the accused had challenged the judgment of conviction and sentence passed by the trial court in appeal and the appellate court, as per judgment in Crl. Appeal No.128 of 2010 set aside the conviction and sentence passed by the trial court. In view of the above reason, this revision petition has become infructuous.

For the said reason, this revision petition stands closed.

Sd/- B.SUDHEENDRA KUMAR, JUDGE dl/.26.11.2015