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2015 Supreme(Ker) 437

ASHOK BHUSHAN, A.M.SHAFFIQUE
T. MOHAMMED ASHRAF – Appellant
Versus
STATE OF KERALA – Respondent


Advocate Appeared:
For the Petitioner:Sri. P.B. Sahasranaman, Sri. T.S. Harikumar, Sri. K. Jagadeesh and Sri. Raajesh S. Subrahmanian, Advocates.
For the Respondent:Sri. R. Prasanth Kumar, CGC, Smt. Girija Gopal, Special Government Pleader and Sri. K.I. Mayankutty Mather, Advocates.

JUDGMENT

ASHOK BHUSHAN, J.

1. This Writ Appeal has been filed against the judgment dated 02.03.2015 in W.P. (C) No. 23387 of 2014 dismissing the Writ Petition filed by the petitioner.

2. Brief facts giving rise to the Writ Appeal are:-

Appellant, who shall hereinafter referred to as the Writ Petitioner, was convicted under Section 138 read with Section 141 of the Negotiable Instruments Act by the learned Chief Judicial Magistrate, Pathanamthitta in C.C. No. 437 of 2002 with imprisonment for one year and was further ordered to pay a sum of Rs. 57,97,940/- by way of compensation to P.W.1, complainant. Petitioner filed Criminal Appeal No. 363 of 2006 which was dismissed by judgment dated 26.10.2007 by the learned District and Sessions Judge, Fast Track, Pathanamthitta. Criminal Revision Petition No. 4154 of 2007 was filed by the petitioner in this Court. This Court vide order dated 25.06.2009 partly allowed the Revision Petition, the operative portion of which is quoted as follows:-

(i) Substantive sentence awarded to the petitioner is modified as simple imprisonment till rising of the court.

(ii) Petitioner is granted six months time from this day to deposit in the trial court Rs. 57,9







































































































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