High Court exercised its jurisdiction under Section 482 Cr.P.C. to fix a specific date for the appellant to deposit compensation amount in the trial court, noting the Sessions Court failed to specify a time limit under Section 148(1) of the Negotiable Instruments Act.
Petitioner directed to deposit Rs. 2,40,000 in the trial court on or before 03.02.2020.
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 R. NARAYANA PISHARADI
WEDNESDAY, THE 22ND DAY OF JANUARY 2020 / 2ND MAGHA, 1941
Crl.MC.No.585 OF 2020(C)
AGAINST THE ORDER IN CRA 187/2019 DATED 04-12-2019 OF ADDITIONAL SESSIONS COURT - V, KOTTAYAM
AGAINST THE JUDGMENT IN ST 107/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS III, KANJIRAPPALLY
PETITIONER/APPELLANT/ACCUSED:
MOHAMMED SHAHIR AGED 59 YEARS S/O.ABDUL HAMMED, PUTHUPARAMBIL HOUSE, ARUVITHURA P.O., ERATTUPETTA VILLAGE, MEENICHIL THALUK, KOTTAYAM DISTRICT.
BY ADVS. SRI.BIJU M.JOHN SMT.SHEEBA VARGHESE
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN- 682031.
2 SIJO JOSEPH, AGED 32 YEARS S/O.JOSEPH, AMBATTUPARAMBIL HOUSE, KOOVAPALLY P.O., KOOVAPALLY VILLAGE, KANJIRAPALLY TALUK, KOTTAYAM DISTRICT, PIN- 686518.
R1 BY SRI C K PRASAD-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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R. NARAYANA PISHARADI, J
Crl.M.C.No.585 of 2020
Dated this the 22nd day of January, 2020
O R D E R
The petitioner is the accused in the case S.T.No.107/2017 on the file of the Court of the Judicial First Class Magistrate-III, Kanjirappally.
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Sd/-R. NARAYANA PISHARADI JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE JUDGMENT DATED 04.11.2019 IN S.T.107/17 OF JFMC-III, KANJIRAPALLY. ANNEXURE A2 THE TRUE COPY OF THE ORDER 04.12.2019 IN CRL.M.P.NO.2984/19 IN CRL.APPEAL NO.187/2019 OF ADDL SESSIONS COURT-V, KOTTAYAM. ANNEXURE A3 THE CERTIFIED COPY OF THE ORDER DATED 04.12.2019 PASSED IN CRL.APPEAL NO.187/2019 OF ADDL.SESSIONS COURT-V, KOTTAYAM. ANNEXURE A4 THE TRUE COPY OF THE COMPLAINT FILED BY THE SECOND RESPONDENT BEFORE THE JFMC-III, KANJIRAPPILLY AS S.T.107/17.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
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2 issues framed by the court
Whether to grant extension of time for deposit of compensation amount under Section 148(2) of the Negotiable Instruments Act.
Whether the Sessions Court fixed a valid time period for deposit of compensation amount.
3 provisions across 2 enactments
Mohammed Shahir
State of Kerala
Sijo Joseph
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
