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U.K.Praveen Kumar v. State of Kerala

Kerala HC22 May 2024OP(Crl.)/401/2024

Case brief

AI extract

What is this about?

In a petition under Article 226 appeal by an accused convicted for Section 138 Neg shouldn't you have intrest? The High Court granted the accused extension of time to deposit the overdue fine until June 30, 2024, and dispensed with notice to the private respondent.

What did the court decide?

Time extended till 30.06.2024 for deposit of 20% fine; notice to private respondent dispensed with.

U.K.Praveen Kumar Vs State of Kerala — Cheque Dishonour | Kerala HC (2024)

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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 K. BABU

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WEDNESDAY, THE 22^ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946 OP(CRL.) NO. 401 OF 2024

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AGAINST THE ORDER DATED 08.05.2024 IN CRL.M.P No.3517/2024 in CRL.MP No.1412/2024 IN CRA NO.40 OF 2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -IV, THRISSUR ARISING OUT OF THE JUDGMENT DATED 08.01.2024 IN CC NO.2526 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM

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PETITIONER/PETITIONER/APPELLANT/ACCUSED:

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U.K.PRAVEEN KUMAR, AGED 46 YEARS, S/O. KUMARAN, OOTUMADATHIL HOUSE, KAIPARAMBU P.O, THRISSUR DISTRICT, PIN - 680541 BY ADVS. MAHESH V.MENON RAJITHA V.K

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RESPONDENTS/RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN, PIN - 682031

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2 BEENA BABURAJ, W/O. LATE BABURAJ, OOTUMADATHIL HOUSE, KAIPARAMBU P.O, THRISSUR DISTRICT, PIN - 680541

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BY ADV SRI.G SUDHEER, PUBLIC PROSECUTOR

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P(Crl).No.401 of 2024

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K.BABU, J .

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O.P(Crl).No.401 of 2024

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Dated this the 22^nd day of May, 2024

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JUDGMENT

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The prayers in this Original Petition (Criminal) filed under

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Article 227 of the Constitution of India are as follows:

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“(i) To set aside Ext.P8 order passed by the IV^th Additional Sessions Court, Thrissur and grant the petitioner two months' time to deposit the 20% of fine amount in compliance of Ext.P4 order.

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(ii) To pass such other orders or directions that this Hon'ble Court deems fit and proper in the fact and circumstances of the case.

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(iii) To dispense with the production of English translation of the documents in the vernacular language which are produced as Exhibit in the above original petition (Criminal).”

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Heard the learned counsel for the petitioner and the

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learned Public Prosecutor.

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The learned counsel for the petitioner confined his relief to

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extend the time for making the payment as directed by the Additional Sessions Court-IV, Thrissur as per Ext.P4. Therefore,

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notice to respondent No.2 is dispensed with.

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The petitioner is the accused in C.C No.2526/2015 on the

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file of the Judicial First Class Magistrate Court, Kunnamkulam. He

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O.P(Crl).No.401 of 2024

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is alleged to have committed the offence punishable under Section 138 of the Negotiable Instruments Act. The Trial Court convicted the petitioner and sentenced him to undergo simple imprisonment for a period of one month and pay a fine of Rs.5 Lakhs.

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The petitioner challenged the judgment of conviction and sentence filing Crl.A No.40/2024 before the Sessions Court. The Sessions Court admitted the appeal. As per Ext.P4 order, the Sessions Court suspended the sentence under Section 389 Cr.PC, on condition that the petitioner shall deposit 20% of the fine amount within two months from 08.02.2024. The petitioner, thereafter, submitted Ext.P5 application seeking extension of time. The Additional Sessions Court-IV, Thrissur extended the time by 30 days as per Ext.P6 order. Thereafter, the petitioner filed Exhibit P7 application seeking further extension of time for making the payment, which was refused by the Additional Sessions Court-IV, Thrissur as per Ext.P8 order.

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It is submitted that the petitioner is an unemployed person and he could not raise the amount within the time stipulated by the Additional Sessions Court-IV, Thrissur.

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O.P(Crl).No.401 of 2024

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Having considered the entire circumstances, the petitioner

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is granted time till 30.06.2024 to make the payment as directed by

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the Additional Sessions Court-IV, Thrissur.

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The Original Petition (Criminal) is disposed of as above.

Sd/-

K.BABU, JUDGE

KAS

O.P(Crl).No.401 of 2024

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APPENDIX OF OP(CRL.) 401/2024

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PETITIONER EXHI	BITS
Exhibit P1	A TRUE COPY OF JUDGMENT DATED
	08.01.2024 IN CC NO. 2526/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM
Exhibit P2	A TRUE COPY OF CRL APPEAL NO. 40/2024 ON THE FILES OF THE IVTH ADDITIONAL SESSIONS COURT, THRISSUR
Exhibit P3	A TRUE COPY OF CRL. MP NO. 1412/2024 IN CRL APPEAL NO.40/2024 BEFORE THE IVTH ADDITIONAL SESSIONS COURT, THRISUR
Exhibit P4	A TRUE COPY OF ORDER DATED 08.02.2024 IN CRL. MP NO. 1412/2024 IN CRL APPEAL NO. 40/2024 OF THE IVTH ADDITIONAL SESSIONS COURT, THRISUR
Exhibit P 5	A TRUE COPY OF THE CRL MP NO. 2887/2024 IN CRL. MP NO.1412/2024 IN CRL APPEAL NO. 40/2024 BEFORE THE IVTH ADDITIONAL SESSIONS COURT, THRISSUR
Exhibit P6	A TRUE COPY OF ORDER DATED 06.04.2024 IN CRL MP NO. 2887/2024 IN CRL. MP NO. 1412/2024 IN CRL APPEAL NO. 40/2024 OF THE IVTH ADDITIONAL SESSIONS COURT, THRISSUR
Exhibit P7	A TRUE COPY OF CRL MP NO. 3517/2024 IN CRL. MP NO. 1412/2024 IN CRL APPEAL NO. 40/2024 ON THE FILES OF IVTH ADDITIONAL SESSIONS COURT, THRISSUR
Exhibi P 8	A TRUE COPY OF ORDER DATED 08.05.2024 OF THE IVTH ADDITIONAL SESSIONS COURT, THRISSUR IN CRL MP NO. 3517/2024 IN
	CRL. MP NO. 1412/2024 IN CRL APPEAL NO. 40/2024

U.K.Praveen Kumar v. State of Kerala

Case brief

What is this about?

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U.K.Praveen Kumar v. State of Kerala

Case brief

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