Dismissed

R.Gopinathan Pillai v. State of Kerala

Kerala HC12 Jan 2010Crl.MC/85/2010

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous petition filed under Section 482 Cr.P.C. to quash an order suspending the sentence of the appellant, who had been convicted under Section 138 of the Negotiable Instruments Act. The Court upheld the Sessions Judge's direction to remit one-third of the cheque amount to obtain suspension, holding no reason to interfere.

What did the court decide?

The petition to quash the order directing remittance of cheque funds for sentence suspension was dismissed.

R.Gopinathan Pillai Vs State of Kerala — Cheque Dishonour | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931

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Crl.MC.No. 85 of 2010()

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----------------------------------CRA.NO.426/09 OF SESSIONS COURT, KOLLAM. CC.NO.464/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA.

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PETITIONER(S): APPELLANT/ACCUSED:

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-----------------------------------------------------------

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R.GOPINATHAN PILLAI, AIKKARA VEEDU, KALARKODU MURI, KALARKODU MURI, KALARKODU P.O, ALAPPUZHA.

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BY MR.P.SANTHALINGAM, SENIOR ADVOCATE

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RESPONDENT(S): RESPONDENT/COMPLAINANT/STATE:

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------------------------------------------------------------------------------------

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1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. S.SURESH KUMAR, S/O. SADASIVAN PILLAI, CHIRAYUDE KIZHAKKATHIL, MALIBHAGOM MURI, THEKKUMBHAGM VILLAGE, CHAVARA SOUTH, KOLLAM.

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R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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M.SASIDHARAN NAMBIAR,J.

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===========================

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CRL.M.C.No. 85 OF 2010

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===========================

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Dated this the 12^th day of January,2010

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ORDER

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Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act in C.C.464/2007 on the file of Judicial First Class Magistrate Court, Sasthamcotta. Petitioner filed Crl.Appeal

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426/2009 challenging the conviction and sentence. Crl.M.P.3463/2009 is filed to suspend the sentence. By Annexure 2 order learned Magistrate directed the suspension of the sentence on remitting 1/3^rd of the cheque amount within one month. This petition is filed under section 482 of Code of Criminal Procedure to quash the order contending that learned Sessions Judge should not have directed remitting a portion of the amount to suspend the sentence. Reliance was placed on the

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Crl.M.C.85/2010 2

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decision of the Division Bench of this Court in Joseph Sartho v. Gopinathan Nair (2008(4) KLT 509).

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When an appeal is filed challenging the conviction and sentence for an offence under section 138 of Negotiable Instruments Act and suspension of the sentence is sought, learned Sessions Judge is justified in directing to remit 1/3^rd of the cheque amount as a condition to suspend the sentence. I find no reason to interfere with that order. If the case of the petitioner is that he is not in a position to deposit the cheque amount, he is at liberty to approach the learned Sessions Judge and seek an early disposal of the appeal without suspension of the sentence.

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Petition is dismissed.

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M.SASIDHARAN NAMBIAR JUDGE

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tpl/-

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M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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--------------------JUDGMENT

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SEPTEMBER,2006

R.Gopinathan Pillai v. State of Kerala

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R.Gopinathan Pillai v. State of Kerala

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