Allowed

Sindhu Alex v. State of Kerala

Kerala HC4 Jul 2013Crl.MC/4140/2009

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 CrPC quashing an order dismissing a petition for exemption from fine payment. The Court satisfied itself that the fine was paid via restored decree execution, granting one month for the petitioner to produce a receipt and directing the execution warrant to remain in abeyance.

What did the court decide?

The petition was allowed. The applicant is directed to produce a receipt of payment before the Magistrate within one month; the execution of the warrant is kept in abeyance for this period.

Sindhu Alex Vs State of Kerala — Cheque Dishonour | Kerala HC (2013)

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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 K.RAMAKRISHNAN

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THURSDAY, THE 4TH DAY OF JULY 2013/13TH ASHADHA, 1935

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Crl.MC.No. 4140 of 2009 ( )

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CC.NO. 302/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, MAVELIKKARA, ALAPPUZHA DISTRICT

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PETITIONER/ACCUSED:

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SINDU ALEX, AGED 35 YEARS, W/O.ALEX, LAHAYIL HOUSE, PUNNAMOODU, MAVELIKKARA.

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BY ADV. SRI.V.ANIL

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RESPONDENTS/STATE :

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

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2. BABU OOMMEN,S/O.IYPE OOMMEN, MAMMOOTTIL HOUSE, KATTHA NORTH, CHETTIKULANGARA, MAVELIKKARA.

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R1 BY PUBLIC PROSECUTOR SRI.MUHAMMED SHAFI

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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CRMC.NO.4140/2009

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEX A1	COPY OF THE JUDGMENT IN C.C.NO.302/2005 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA DATED 28/2/2007
ANNEX A2	COPY OF THE PLAINT IN O.S.NO.458/04
ANNEX A3	COPY OF THE ORDER DATED 16/06/2009 IN E.P.NO.59/08 IN O.S.NO.458/04
ANNEX A4	COPY OF THE LETTER DATED 01/8/2009 ISSUED BY THE GARNISHEE
ANNEX A5	COPY OF THE PETITION IN C.C.NO.302/05
ANNEX A6	COPY OF THE ORDER IN C.M.P.NO.6007/09 IN CC.NO.302/05 DATED 8/10/2009

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RESPONDENT'S ANNEXURES:

NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

K.RAMAKRISHNAN, J.

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

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Criminal M.C. No.4140 of 2009

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Dated this, the 4^th day of July 2013

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O R D E R

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This is an application filed by the petitioner who is the accused in C.C. No.302 of 2005 to quash the order in Crl. M.P.6007 of 2009 under section 482 of the Code of Criminal Procedure. It is alleged in the petition that the petitioner was convicted by the Trial Court under Section 138 of the Negotiable Instrument Act (hereinafter referred to the Act for short) and that was confirmed by the Appellate Court and in the revision the sentence was modified directing the petitioner to undergo imprisonment till rising of the court and also to pay a fine of Rs.70,000/- (Rupees seventy thousand only) in default to undergo simple imprisonment for two months. There was a civil suit filed by the complainant for realization of the same amount and that was decreed and in execution of the decree, the petitioner has paid the amount and the execution petition was closed as satisfied. As directed by this court he had filed an application before the

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Criminal M.C. No.4140 of 2009 2

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Magistrate to record this fact and exempt him from payment of the amount as Crl.M.P. No.6007 of 2009 and though the counsel for the complainant had submitted that he has no objection, the learned Magistrate dismissed that application by an impugned order and that is under challenge before this court.

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Heard the counsel for the petitioner as well as the Public Prosecutor. The counsel for the petitioner submitted that the lower court was not justified in dismissing the application on technical ground that a receipt has not been produced especially when the factum of payment was admitted by the counsel for the complainant and he has no objection in allowing the application. It is seen from the order of this court in Crl.R.P. No.299 of 2009 it has stated as “ It was made clear that the revision petitioner is permitted to pay the fine which was directed to be paid to the complainant as compensation directly to the 2^nd respondent and produce receipt before the Magistrate and establish that the fine which is to be paid as compensation was paid”. It is on

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Criminal M.C. No.4140 of 2009 3

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this technical ground that no receipt for payment has been produced that the lower Court has dismissed the application.

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The counsel for the petitioner submitted before this court that if time is granted, he will get a separate receipt from the complainant for satisfaction of payment of this amount and produce the same before the lower court. So I feel that the prayer can be granted and the application can be disposed of. The petitioner is directed to produce receipt from the 2^nd respondent for payment of the amount of fine as directed in the order in Crl.R.P.299 of 2009 before the Magistrate Court within one month from today and then the learned Magistrate shall treat that as proper compliance of the order of this court. The counsel for the petitioner submitted that a warrant is pending against her for noncompliance of the order. Since this court has granted one month time from today to get the receipt and produce the same before the court, the execution of warrant is directed to be kept in abeyance for this period. With the above direction and

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Criminal M.C. No.4140 of 2009 4

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observation, this petition is disposed of. Communicate this order to the lower court immediately.

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Hand over copy of this order to the petitioner

also.

Sd/-

K.RAMAKRISHNAN

JUDGE

Sindhu Alex v. State of Kerala

Case brief

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Sindhu Alex v. State of Kerala

Case brief

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