Tenant convicted under S. 138 NI Act filed Crl.M.C. challenging Sessions' direction to deposit Rs.30,000 towards suspended sentence in appeal. Court declined interference with lower court's discretion granting further time to comply. Case disposed.
Petitioner given further time of 45 days to deposit security.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929
Crl.MC.No. 1157 of 2008()
------------------------AGAINST THE ORDER DATED 16/01/2008 IN CRLMP 144/2008 IN CRA.28/2008 of SESSIONS COURT, ALAPPUZHA
PETITIONER:
AUGUSTIAN, S/O PATHROSE, KARAKKATTU HOUSE, MARARIKULAM NORTH P.O., ALAPPUZHA.
BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV
RESPONDENTS:
BY PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
= = = = = = = = = = = = = Crl.M.C.No.1157 of 2008
= = = = = = = = = = = = = = Dated this the 19th day of March, 2008
ORDER
The petitioner who has been convicted under Section 138 of the Negotiable Instruments Act, 1881 , filed an appeal before the Sessions Judge, Alappuzha as Crl.Appeal No.28 of 2008. While admitting the appeal and suspending the sentence, he was directed to deposit Rs.30,000/-(Rupees thirty thousand only) before the trial court within one month from 16.01.08. The said direction is assailed.
This Crl.M.C is disposed of as above.
V. RAMKUMAR, JUDGE
sj
1 issue framed by the court
Whether the High Court should direct the lower appellate court to relax the time limit for depositing security towards suspended sentence.
Augustian, S/o Pathrose
The Secretary, Matsya Thojo-zhilali Vikasana Kshema Sahakarana Sangham Ltd.
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
