This judgment reduced the required bond deposit for condoning delay in an appeal against an order forfeiting a bond following non-surrender in a cheque bounce case.
Reduced bond deposit from Rs. 10,000 to Rs. 3,000 to condone delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930
Crl.MC.No. 375 of 2009() --------------------------------CRL.MP.NO.3584/2008 IN CRA.620/2008 of SESSIONS COURT, ALAPPUZHA ....................
PETITIONERS/APPELLANTS/COUNTER PETITIONERS
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1. CLETUS, S/O.JOSEPH,THEKKEPALACKAL, MARARIKULAM SOUTH PANCHAYAT, KALAVOOR VILLAGE.
2. PURUSHOTHAMAN, S/O.GOVINDAN, CHELLATTUVELIYIL, MARARIKULAM NORTH PANCHAYAT, CHERTHALA.
BY ADV. MR.GEORGE MATHEW MR.SUNIL KUMAR A.G
RESPONDENT/RESPONDENT/PETITIONER
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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR MR.P.A.SALIM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Rs/
M.N. KRISHNAN, J
CRL.M.C.No. 375 OF 2009
Dated this the 13th day of February, 2009
O R D E R
This petition is filed against the order of the Sessions Judge, Alappuzha in Crl.M.P. 3584/2008. It was an application filed to condone the delay in filing the appeal. The court below directed the condonation of delay on condition that the petitioners therein deposit a sum of Rs. 10,000/- each before the court below within one month. It is against that decision this petition is filed.
Crl.M.C. 375/2009
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consideration that aspect, instead of directing them to deposit an amount of Rs. 10,000/- each, I direct them to deposit Rs. 3,000/each with a direction to deposit the amount within three weeks from today. Thereafter the court shall condone the delay and dispose of the appeal considering the facts and circumstances if possible in a sympathetical manner.
M.N. KRISHNAN,JUDGE
vkm
3 issues framed by the court
Whether the appellant should be directed to deposit a specific amount and within what timeframe to condone delay in appeal.
Whether the bond forfeiture was valid due to disobedience of terms.
Whether condonation conditions should be adjusted to a lower amount.
1 provisions across 1 enactments
CLETUS, S/O.JOSEPH
PURUSHOTHAMAN, S/O.GOVINDAN
STATE OF KERALA
M.N.KRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
