Allowed

Jaison Mathew v. State of Kerala

Kerala HC8 Mar 2021Crl.MC/78/2021

Case brief

AI extract

What is this about?

The High Court granted the petitioner permission to surrender and apply for bail in a cheque dishonour case. It directed the magistrate to consider the bail application on the day of surrender and kept the non-bailable warrant in abeyance for three weeks.

What did the court decide?

Permission to surrender and apply for bail; non-bailable warrant kept in abeyance for three weeks; magistrate to consider bail on date of surrender.

Jaison Mathew Vs State of Kerala — Cheque Dishonour | Kerala HC (2021)

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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 V.G.ARUN

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MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

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Crl.MC.No.78 OF 2021(H)

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AGAINST THE ORDER/JUDGMENT IN LP 64/2003 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KOLENCHERRY

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PETITIONER/S:

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JAISON MATHEW

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AGED 58 YEARS S/O.M.V.MATHAI, NOW RESIDING AT E-3, SOUMYA NAGAR, EDAPALLY P.O., ERNAKULAM-682 024.

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BY ADV. SRI.PRAVEEN K. JOY

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RESPONDENT/S:

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

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2 PAUL PULAKKAVIL, PROPRIETOR, DUSHIANTHA MOVIES, PULAKKAVIL, PAMPAKUDA686 667.

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OTHER PRESENT:

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PP T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.78 OF 2021(H)

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O R D E R

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Dated this the 8^th day of March, 2021

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The petitioner is the accused in L.P No.64 of 2003, pending before the Judicial First Class Magistrate Court, Kolenchery, original numbered as C.C No. 895 of 1999. The petitioner failed to appear on issuance of summons resulting in non-bailable warrant being against him. The case was later included in the Long Pending Register and is continuing as such.

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2.The prayer in this M.C is to permit the petitioner to surrender before the jurisdictional Court and to move an application for bail and to direct the learned Magistrate to consider the application on the date of surrender itself. Learned counsel for the petitioner submits that, absence of the petitioner was not willful and was for reason of the petitioner not being served with summons. Reference is made to Annexure A2, 'B Diary' proceedings is support of the contention.

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Crl.MC.No.78 OF 2021(H)

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3.Considering that the case pertains to a complaint under Section 138 of the Negotiable Instruments Act and it will be of no benefit to the complainant if the case is kept pending without progress, I am inclined to grant the relief sought for. In view of the limited relief being granted, notice to the 2^nd respondent is dispensed with.

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4.In the result the Crl. M.C is disposed of, permitting the petitioner to surrender before the Judicial First Class Magistrate Court, Kolenchery in LP No. 64 of 2003 and to move an application for bail. In such event the learned Magistrate shall consider the bail application on the date of surrender and pass appropriate orders thereon the same day. In order to provide an opportunity for the petitioner to surrender and move the bail application, the non-bailable warrant issued against him shall be kept in abeyance for a period of three weeks

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Sd/V.G ARUN JUDGE

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Crl.MC.No.78 OF 2021(H)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 THE CERTIFIED COPY OF THE COMPLAINT IN LP 64/2003 OF JFCM, KOLENCHERY WITH DATE 03.10.1999 CERTIFIED COPY ISSUED DATED 16.12.2020.

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ANNEXURE 2 THE CERTIFIED COPY OF THE CHEQUE FOR RS.50000/- IN FAVOUR OF FIRM M/S. DUSHIANTHA MOVIES.

Jaison Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jaison Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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