Petitioner challenged order refusing time to deposit amount for sentence suspension in cheque dishonour case. Court dismissed petition, upheld condition and directed expeditious disposal of appeal out of turn if financial constraints persist.
Petition dismissed no relief granted order recalling warrant rejected.
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.SASIDHARAN NAMBIAR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932
Crl.MC.No. 4191 of 2010()
----------------------------------CRA.238/2010 of ADDL.SESSIONS COURT, KOTTAYAM .................... PETITIONER(S): APPELLANT -----------------------------------------
TOMY MATHEW, S/O.MATHEW, MANJAPPALLIL HOUSE, PADINJATTUMKARA P.O., PULIYANNOOR VILLAGE, KOTTAYAM DISTRICT.
BY ADVS. SMT.MINI ELIZABETH GEORGE SMT.V.S.SIMI
RESPONDENT(S):
--------------------------
1. EMMANUAL KURIAN, S/O.KURIAN, KARIKULATHIL HOUSE, NEENDOOR P.O., REPRESENTED BY POWER OF ATTORNEY HOLDER MANOJ.K.M, S/O.MOHANAN, KOTTATHIL HOUSE, NEENDOOR P.O., KOTTAYAM.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R2 BY PUBLIC PROSECUTOR SMT.CHARISMA. C.M.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
M.SASIDHARAN NAMBIAR, J.
Crl.M.C No.4191 of 2010 -------------------------Dated this the 14th October, 2010
O R D E R
Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act by Judicial First Class Magistrate's Court, Ettumanoor in ST No.1398/2007. Petitioner filed Crl.A No.238/2010 challenging the conviction. Crl. M.P. No.1619/2010 was filed to suspend the sentence. By Annexure-I order, learned Magistrate suspended the sentence on conditions. One of the conditions was that petitioner has to deposit Rs.50,000/-, being a portion of the amount covered by dishonoured cheque, before learned Magistrate within two months. Petitioner did not deposit that amount and filed Crl.M.P. No.2904/2010 praying time to deposit. By Annexure-II order, learned Magistrate dismissed the application making it clear that suspension will come into force only on deposit. This petition is filed under Section 482 of Cr.P.C to direct the Sessions Judge to recall the warrant and grant two more months time to deposit the amount.
2
Crl.M.C No.4191 of 2010
heard.
M.SASIDHARAN NAMBIAR JUDGE
ma
Crl.M.C No.4191 of 2010
3
M.SASIDHARAN NAMBIAR JUDGE
ma
2 issues framed by the court
Whether the petitioners prayer to recall the warrant and grant time to deposit is maintainable under Section 482 Cr.P.C.
Whether the Additional Sessions Judge was justified in directing deposit to suspend sentence under Section 138 NI Act.
2 provisions across 2 enactments
Tomy Mathew
Emmanual Kurian
State of Kerala
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
