Disposed

K.P.Sabu @ George Paul v. State of Kerala

Kerala HC9 Oct 2019Crl.MC/6605/2019

Case brief

AI extract

What is this about?

The High Court, in a criminal miscellaneous case arising from a cheque dishonour complaint, disposed of the matter by directing the lower court to postpone judgment pronouncement until after October 19, 2019, to allow the petitioner time to pay the remaining balance.

What did the court decide?

Allowed time till 19.10.2019 to pay balance and directed lower court to postpone judgment pronouncement thereafter.

K.P.Sabu @ George Paul Vs State of Kerala — Cheque Dishonour | Kerala HC (2019)

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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 A.M.BABU

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WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

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Crl.MC.No.6605 OF 2019(E)

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AGAINST THE ORDER/JUDGMENT IN CC 227/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, MUVATTUPUZHA

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PETITIONER/S:

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K.P.SABU @ GEORGE PAUL AGED 48 YEARS C/O. VELAN, NARAYANA, PARATHITTAYIL(H), PINDIMANA P.O KOTHAMANGALAM - 686692.

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BY ADVS. SRI.P.MOHAMED SABAH SMT.SAIPOOJA

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.-31

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2 SASIKUMAR V.P, USHUS NILAYAM, VELLOORKUNNAM, MARKET P O, MUVATTUPUZHA-686673.

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SRI.C.K.PRASAD, PUBLIC PROSECUTOR FOR R1

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.6605 OF 2019(E)

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ORDER

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Petitioner is the accused in CC 227/2016 on the file of the court of the judicial magistrate-II, first class, Muvattupuzha. The same is a complaint case alleging commission of an offence punishable under Sec.138 of the Negotiable Instruments Act.

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The learned public prosecutor takes notice for the first respondent. Notice was served on the second respondent, but he did not respond to the notice.

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Heard Smt.Saipooja, the learned counsel for the

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petitioner.

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It appears that the parties were referred to the lokadalat by the learned magistrate and a settlement was arrived at. The lok-adalat passed an award as per which a facility of installment was granted to the petitioner for payment of the entire debt. The petitioner submits that he paid the dues in part and that what remains to be paid is only Rs 10,000/-. Today the petitioner filed Crl MA 2/2019 requesting to grant him ten days' time to pay the balance amount which, according to him, is Rs 10,000/-. The said application is allowed and the petitioner is granted time till 19.10.2019 to honour the terms of the award. In view of the grant of such time, the Crl M.C itself can be disposed of directing the learned magistrate to hold the pronouncement of

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Crl.MC.No.6605 OF 2019(E)

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judgment till 19.10.2019.

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The Crl M.C is disposed of to the extent of directing the learned magistrate to postpone the pronouncement of the judgment to a day after 19.10.2019.

Sd/-

A.M.BABU

SKS/09/10/19

JUDGE

Crl.MC.No.6605 OF 2019(E)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1	TRUE COPY OF THE AWARD DATED 16.11.2018 PASSED IN CC NO.227/2016 ON THE FILE OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE-II, MUVATTUPUZHA AT THE LOK ADALAT ORGANISED BY THE TALUK LEGAL SERVICES COMMITTEE, MUVATTUPUZHA ON 16/11/2018.
ANNEXURE 2(A)	TRUE COPY OF MEMO DATED 27.11.2018 EVIDENCING THE RECEIPT OF RS.5000/- BY THE RESPONDENT NO.2.
ANNEXURE 2(B)	TRUE COPY OF MEMO DATED 02.01.2019 EVIDENCING THE RECEIPT OF RS.5000/- BY THE RESPONDENT NO.2.
ANNEXURE 2(C)	TRUE COPY OF THE MEMO DATED 26.02.2019 EVIDENCING THE RECEIPT OF RS.5000/- BY THE RESPONDENT.2.
ANNEXURE 2(D)	TRUE COPY OF THE MEMO DATED 01.04.2019 EVIDENCING THE RECEIPT OF RS.5000/ BY THE RESPONDENT ON.2.
ANNEXURE 2(E)	TRUE COPY OF THE MEMO DATED 03.05.2019 EVIDENCING THE RECEIPT OF RS.5000- BY THE RESPONDENT NO.2.
ANNEXURE 2(F)	TRUE COPY OF THE MEMO DATED 30.05.2019 EVIDENCING THE RECEIPT OF RS.5000/- BY THE RESPONDENT NO.2.
ANNEXURE 2(G)	TRUE COPY OF THE MEMO DATED 24.07.2019 EVIDENCING THE RECEIPT OF RS.5000/- BY THE RESPONDENT NO.2
ANNEXURE 2(H)	TRUE COPY OF THE MEMO DATED 16.09.2019 EVIDENCING THE RECEIPT OF RS.5000/-BY THE RESPONDENT NO.2
ANNEXURE 3	TRUE COPY OF THE PROCEEDINGS SHEET ISSUED BY JUDICIAL FIRST CLASS MAGISTRATE-II, MUVATTUPUZHA, SHOWING THE PROCEEDINGS OF CC NO.227/2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-II, MUVATTUPUZHA FROM 19.11.2018 TO 16.09.2019.

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Crl.MC.No.6605 OF 2019(E)

K.P.Sabu @ George Paul v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.P.Sabu @ George Paul v. State of Kerala

Case brief

What is this about?

What did the court decide?

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