Sindhuraj vs State Of Kerala Represented By The on 28 May, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7222 of 2007(I)


1. SINDHURAJ, FIREMAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. JOSEPH ANTONY, PULIPARAMBIL HOUSE,

                For Petitioner  :SRI.NIDHI BALACHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :28/05/2007

 O R D E R
                                   R. BASANT, J.

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                          W.P.C.No.  7222 of   2007 I

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                    Dated this the 28th  day of   May, 2007


                                     JUDGMENT

The petitioner has been found guilty, convicted and sentenced

in a prosecution under Section 138 of the N.I. Act. The sentence is

ripe for execution now. The grievance of the petitioner is that he has

not been furnished with a free copy or certified copy of the judgment

passed by the learned Magistrate. He is therefore not able to

challenge the verdict of guilty, conviction and sentence. He

apprehends that without waiting for furnishing the copy of judgment

to him, the sentence may be executed jeopardising his interests.

2. The report of the learned Magistrate was called for. The

learned Magistrate reports that it is true that the petitioner has not

been furnished with the copy of the judgment. But he explains that it

so happened because the file was not traceable. Necessary steps are

being taken to locate the file and to bring to book those responsible

for such missing of the file. The fact remains that the file has not

been traced so far nor has copy been furnished to the petitioner. I am

satisfied in these circumstances that this writ petition can be allowed

W.P.C.No. 7222 of 2007

2

and appropriate directions can be issued to secure the interests of the

petitioner. Directions to that effect have already been issued as interim

direction on 5.3.2007.

3. This Writ Petition is, in these circumstances, allowed in part. The

learned Magistrate is directed not to take any steps for execution unless a

period of 15 days has elapsed from the date on which a free copy or

certified copy is delivered or the date notified for delivery of copies to the

petitioner.

(R. BASANT)

Judge

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