Disposed

Thomas P.J v. State of Kerala

Kerala HC21 Dec 2022Crl.MC/9430/2022

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a criminal miscellaneous petition where the petitioner, convicted under the Negotiable Instruments Act, sought release from custody upon his ability to mobilize funds to satisfy the fine and bond conditions of a suspended sentence.

What did the court decide?

The petitioner is directed to execute the bail bond and deposit the fine of Rs.2,57,000/- tomorrow, upon which the execution of the sentence shall stand suspended and he shall be released from judicia

Thomas P.J Vs State of Kerala — Cheque Dishonour | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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WEDNESDAY, THE 21^ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,

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1944

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CRL.MC NO. 9430 OF 2022

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CRL.MP NO.883/22 IN CRA 118/2022 OF SESSIONS COURT,

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ERNAKULAM

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PETITIONER/PETITIONER/APPELLANT:

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THOMAS P.J

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AGED 58 YEARS

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S/O. JOSEPH, PALLIPPARAMBIL HOUSE, NO. 734 B, ATHANI P.O., NEDUMBASSERY, ERNAKULAM DISTRICT, PIN - 683585

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BY ADV P.P.RAJESH

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RESPONDENTS/RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, KOCHIN, PIN - 682031

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2 VINCENT P.L, S/O. LONAN, PAZHANPILLY HOUSE, P. GANGADHARAN ROAD, KADEBHAGOM, PALLURUTHY, KOCHI, ERNAKULAM DISTRICT ., PIN - 682006

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SRI RENJITH GEORGE -PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.9430/2022

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O R D E R

Dated this the 21^st day of December, 2022

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The petitioner is the accused in CC No.2148/2016 which

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was a prosecution under section 138 of the Negotiable Instruments Act. He was convicted and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.12,82,750/-. He preferred appeal before the Court of Session, Ernakulam. The appellate court was pleased to suspend the execution of sentence as per Annexure A3 order dated 12^th April, 2022 on condition that the petitioner shall execute a bond for Rs.4,00,000/- with two solvent sureties for the like sum each to the satisfaction of the court below and on further condition that the petitioner shall deposit a sum of Rs.2,57,000/- out of the fine amount before the trial court. Since the petitioner failed to comply with that condition, non bailable warrant was issued against him and he was arrested and it is submitted that now he is in custody.

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Crl.M.C.No.9430/2022

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This Crl.M.C. has been preferred by the petitioner to

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enlarge the time to execute the bond and to deposit the fine amount ordered as per Annexure A3 and to release the petitioner from judicial custody.

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I have heard the learned counsel for the petitioner and the learned Public Prosecutor. Considering the nature of the order going to be passed, I am of the view that notice need not be issued to the party respondent.

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The learned counsel for the petitioner submitted that the petitioner is jobless after covid pandemic and hence he could not mobilise the fund to deposit the fine amount. The learned counsel further submitted that the relatives of the wife of the petitioner now has mobilised the fund and is prepared to deposit the fine. In these circumstances, this Crl.M.C. is disposed of as follows: (i) The petitioner shall execute the bail bond and deposit the fine amount of Rs.2,57,000/- (Rupees Two lakhs fifty seven

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thousand only) before the Judicial First Class Magistrate Court (NI Act Cases), Ernakulam tomorrow itself (22/12/2022).

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Crl.M.C.No.9430/2022

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(ii) On such deposit, the execution of sentence shall stand

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suspended and the petitioner shall be released from judicial custody.

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Sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

Crl.M.C.No.9430/2022

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APPENDIX OF CRL.MC 9430/2022

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE JUDGMENT DATED 14/3/2022 IN C.C. NO. 2148/2016 OF THE JFCM COURT NI ACT CASES Annexure A2 TRUE COPY OF THE CRIMINAL APPEAL NO. 118/2022 FILED BEFORE THE SESSIONS COURT, ERNAKULAM Annexure A3 FREE COPY OF THE ORDER DATED 12/4/2022 PASSED BY THE SESSIONS COURT, ERNAKULAM IN CRL.M.P. NO. 883/2022 IN CRL. APPEAL NO. 118/2022 Annexure A4 A TRUE COPY OF THE PETITION BEARING CRL.M.P. NO. 3941/2022 FILED BY THE PETITIONER

Thomas P.J v. State of Kerala

Case brief

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What did the court decide?

Thomas P.J v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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