Partly allowed

Rejitha v. Canara Bank

Kerala HC17 Jan 2014Crl.MC/51/2014

Case brief

AI extract

What is this about?

The High Court of Kerala, in a criminal miscellaneous appeal, modified the Sessions Court's direction requiring the appellants to deposit one-fourth of the compensation amount. Considering their financial inability, the court substituted this condition by ordering a flat deposit of ₹25,000 within one month.

What did the court decide?

The direction to deposit one-fourth of the compensation amount was modified; the petitioners were directed to deposit ₹25,000 within one month instead.

Rejitha Vs Canara Bank — Civil Procedure and Limitation | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

¶4

FRIDAY, THE 17TH DAY OF JANUARY 2014/27TH POUSHA, 1935

¶5

Crl.MC.No. 51 of 2014 ()

¶6

(CRL A 265/2013 OF ADDL. DISTRICT COURT & SESSIONS COURT -IV, THRISSUR ) (CC 1524/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,THRISSUR )

¶7

PETITIONERS/PETITIONERS/APPELLANTS/ACCUSED:-

¶8

1. REJITHA, AGED 35 YEARS,W/O. K.SURESHKUMAR, (PROPRIETRIX ATHIRA PAPER PRODUCTS), RESIDING AT KUNNATHERI HOUSE, MADAKKATHARA, KURICHIKKARA, THRISSUR DISTRICT.

¶9

2. K. SURESHKUMAR, AGED 42 YEARS, RESIDING AT KUNNATHERI HOUSE, MADAKKATHARA,KURICHIKKARA,

¶10

THRISSUR DISTRICT.

¶11

BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.SEBIN THOMAS SRI.VIVEK KANNANKERI

¶12

RESPONDENTS/2ND RESPONDENT/COMPLAINT & STATE:-

¶13

1. CANARA BANK, SSI BRANCH, KURIYACHIRA, REPRESENTED BY ITS MANAGER, M.K.ABDUL RASHEED.-680 024

¶14

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

¶15

R1 BY SRI.PAULY MATHEW MURICKEN,SC,CANARA BAN R2 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:-

¶17

KKS

¶18

Crl.MC.No. 51 of 2014 ()

¶19

APPENDIX

¶20

PETITIONER(S)' ANNEXURES:-

¶21

ANNEXURE I- TRUE COPY OF THE ABOVE ORDER DATED 22-11-2013 BY THE SESSIONS COURT, THRISSUR.

¶22

RESPONDENT(S)' EXHIBITS:- NIL

//TRUE COPY//

P.S.TO JUDGE

KKS

HARUN-UL-RASHID, J.

¶27

- - - - - - - - - - - - - - - - - Crl. M.C No. 51 of 2014

¶28

- - - - - - - - - - - - - - - - Dated this the 17^th day of January, 2014.

¶29

O R D E R

¶30

Petitioners are the accused in C.C No. 1524/2007 on

¶31

the file of the Judicial First Class Magistrate Court-I, Thrissur. The learned Magistrate found the petitioner guilty of the offence charged, convicted and sentenced him to undergo simple imprisonment till the raising of the court and to pay a fine of Rs.1,25,000/- and in default to undergo simple imprisonment for two months. The offences alleged are punishable under Sections 405, 418, 420, 464 r/w 34 of IPC.

¶32

In the appeal preferred by the petitioners/appellants, the Sessions Court, Thrissur Division suspended the sentence on executing a bond for Rs.25,000/- with two solvent sureties each for the like sum and to deposit 1/4^th of the compensation amount ordered. The petitioners are aggrieved by the direction to deposit 1/4^th of the compensation amount.

¶33

It is submitted that the petitioners are hailing from very poor financial backgrounds and they are unable to raise 1/4^th of the compensation amount. It is also contended that the condition in Annexure-I order is not lifted, the petitioners will be put to irreparable injury and hardships.

¶34

¶35

Crl. M.C No. 51 of 2014

¶36

Having regard to the facts and circumstances of the case, this Court is inclined to modify the direction passed by the Court of Sessions, Thrissur to deposit 1/4^th of the compensation amount. In substitution, the petitioners shall deposit Rs.25,000/-(Rupees Twentyfive Thousand only) within one month.

¶37

The Crl.M.C is disposed of as above.

¶38

HARUN-UL-RASHID, JUDGE.

¶39

lsn

Rejitha v. Canara Bank

Case brief

What is this about?

What did the court decide?

Rejitha v. Canara Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.K.Faizal Vs Afsal

Rasheed Vs State of Kerala

P.K. Ashraf Vs State of Kerala

Salimen @ Joy Vs State of Kerala

Muhammed Ashif Vs State of Kerala

Ramaswamy @ Moorthy Vs State of Kerala