K P Manoj Kumar vs Vishwanathan

A.Badharudeen, J.

This is a revision petition filed under Sections 397 and 482 of the Code of Criminal Procedure and the revision petitioner herein is the sole accused in C.C.No.297 of 2017 on the files of the Judicial First Class Magistrate Court-II, Perumbavoor. The respondents herein are the original complainant as well as the State of Kerala.

Heard the learned counsel for the revision petitioner as well as the learned counsel appearing for the first respondent.

In this matter, it is submitted by the learned counsel for the revision petitioner that the revision petitioner has been detained in prison as part of execution of the sentence imposed by the trial court and modified by the appellate court. He also submitted that there was a civil case as O.S.No.71 of 2014 in between the same parties before the Sub Court, Perumbavoor and the same was decreed. Against which, RFA No.362 of 2016 has been filed and has been pending for consideration before this Court.

It is submitted further that, as per the interim order passed in the said appeal, the revision petitioner deposited Rs.35,50,000/-. The learned counsel for the revision petitioner also submitted that the revision petitioner deposited Rs.4,00,000/- by order of the appellate court under Section 148(3) of the Negotiable Instruments Act. The said sum admittedly received by the first respondent. So, as of now, the amount covered by the cheque forming part of fine imposed by the trial court as well as the appellate court would come to Rs.15,56,000/-.

The learned counsel for the revision petitioner submitted on instruction from the revision petitioner that the revision petitioner has no objection in the matter of releasing Rs.15,56,000/- from the deposit made before the Sub Court, Perumbavoor, by order of this Court in the appeal. He also submitted that, after directing release of Rs.15,56,000/-, the revision petitioner may be released from jail and no other relief in this revision petition is required. This submission is recorded.

The suggestion is acceptable to the first respondent also, since the revision petitioner has been in custody for the last five days.

The   appellate   court   modified   the sentence to till rising of the court and imposed default imprisonment for a period of three months for non-payment of compensation to the tune of Rs.19,56,000/-.

Since the revision petitioner expressed his willingness to adjust Rs.15,56,000/- more towards the fine amount to satisfy the payment of fine, I direct the Sub Court, Perumbavoor to release Rs,15,56,000/-to the first respondent herein towards fine/compensation ordered by the appellate court within a period of two weeks on a proper application and it is made clear that the revision petitioner has no right to object release of the amount.

Therefore, it is ordered that the sentence stands complied on releasing Rs.15,56,000/- to the first respondent and the revision petitioner shall be released immediately.

Hence, the Superintendent of the Jail concerned is directed to release the revision petitioner forthwith, if his custody for any other purpose is not required in any manner.