MOHANDAS, S/O. RAGHAVAN NAIR, KUZHI MAYIL, P.O. KARANTHUR, KOZHIKODE, Vs. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA

JUDGEMENT

(1.) THIS Criminal Revision is filed challenging the order imposing penalty on the accused and two sureties. It was not stated in the revision petition as to the case in which revision petitioners 2 and 3 stood as sureties. In other words it was not stated as to the offence with which the accused stood or was facing trial. The order passed by the learned Magistrate shows that the 1st petitioner was the accused in C.C.No:709/1993 on the file of Judicial First Class Magistrate -I, Kozhikode, and petitioners 2 and 3 were his sureties.

(2.) IT was not stated that the case against the 1st accused was only under section 138 of N.I. Act. The order shows that the accused therein absconded when the case was posted for examination of the accused under section 313 Cr.P.C. Though criminal appeal was filed under section 449 Cr.P.C., that was dismissed by the learned Sessions Judge. That fact was not mentioned in this Criminal Revision Petition. In fact it was not stated that the judgment of the learned Sessions Judge is illegal or unsustainable.

(3.) THOUGH the accused was absconding as can be seen from the impugned order passed by the learned Magistrate, it seems he has filed an appeal before the Sessions Court under section 449 and has also filed this revision along with petitioners 2 and 3 who are the sureties.