ANAYARAH RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Revision Petition is filed by the accused who was concurrently found guilty and convicted for offences punishable under Secs. 409, 465, 471 and 419 read with Sec. 109 of I.P.C. He was sentenced to simple imprisonment for three years and to pay fine of Rs. 50,000/- and in default to simple imprisonment for one year for the offence under Sec. 409 of I.P.C. and also S.I. for one year each for the offence under Sec. 465, 471 and 419 read with Sec. 109 I.P.C. From out of the fine amount, if collected, Rs. 30,000/- was directed to be paid to P.W.3 Chellamma.

(2.) P .W.3 Chellamma had sustained injuries in a motor vehicle accident. While she was undergoing treatment the accused who is an advocate approached her and obtained her signatures in the vakalath and so many papers and promised that he would get the compensation for her. M.V. (OP) 784/1986 was filed on her behalf before the M.A.C.T.,Trivandrum. The accused/Revision Petitioner was the empanelled lawyer of the New Indian Assurance Company with which the vehicle involved in the accident was insured. Hence it was not possible for the revision petitioner to appear for P.W.3 before the M.A.C.T. and so his junior Advocate P.W.10 was entrusted to file the petition on her behalf. The petitioner himself contacted the Divisional Manager of the Insurance Company and an attempt was made to settle the matter for which the accused/revision petitioner suggested that the matter can be settled for Rs. 45,000/- and ultimately the officers of the Company agreed to settle the claim for Rs. 35,000/-. The cheque payable to P.W.3 was entrusted to the revision petitioner along with a covering letter. P.W.3 and her son (P.W.4) and also P.W.6 her stepson had contacted the revision petitioner for getting the amount. The amount was not paid. Even after the award was passed, signatures of P.W3 were obtained by the revision petitioner in some blank papers. After receiving the cheque from the Insurance Company, the revision petitioner produced another woman before the Bank stating that she is Chellamma and opened an account in the name of that Chellamma whose address was shown as Varambil Veedu, T.C. 10/742, Vanchiyoor, Trivandrum. That account No. 2807 was opened in the Central Bank of India, Rishimangalam Branch, on 14-5-1987. The revision petitioner himself introduced that lady as Chellamma and thus the account was opened. The cheque was presented in that account. As P.W.3 and her sons contacted the petitioner for money again and again, ultimately a cheque for Rs. 3,000/- was at first given to P.W.3 and later a sum of Rs. 7,000/- was directly paid. P.W.3 was made to believe that only that much amount (Rs. 10,000/-) was obtained as per the award.

(3.) P .W.1 to P.W.22 were examined and Exts. P1 to P32 were marked on the side of the prosecution. The accused/petitioner was examined under Sec. 313 (1) (b) of Cr.P.C. No evidence was adduced on the side of the petitioner. The learned Chief Judicial Magistrate, Ernakulam accepted the evidence given by the prosecution and thus found the revision petitioner guilty, convicted and sentenced as stated above.