IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 961 of 2010(Q)
1. SUMESH.S., S/O.SURENDRAN
... Petitioner
Vs
1. THE KOTTAYAM DISTRICT CO-OPERATIVE
... Respondent
2. STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.V.G.ARUN
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :25/01/2010
O R D E R
P. BHAVADASAN, J.
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W.P.(C). Nos. 961 & 981 of 2010
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Dated this the 25th day of January, 2010.
JUDGMENT
The petitioners herein are accused in S.T. No.723 of
2005 and 703 of 2005 on the file of the Judicial First Class
Magistrate Court-II, Palai.
2. Petitioners were prosecuted for the offence
punishable under Section 138 of the Negotiable Instruments
Act. They pleaded guilty and they were therefore convicted
and sentenced. The petitioner in W.P.(C). 961 of 2010 was
directed to pay a sum of Rs.43,581/- and the petitioner in W.P.
(C) 981 of 2010 was directed to pay a sum of Rs.32,892/- as
compensation, in default of which they had to suffer simple
imprisonment for one month. Petitioners were granted six
months’ time to pay the amount, failing which, they have to
undergo default sentence.
3. Petitioners point out that they were unable to
raise the funds to pay the amount as directed by the court
WPC. 961& 981/2010. 2
below in time and approached this court seeking two months time
to pay the amount.
4. Learned counsel appearing for the respondents
submits that already six months time had been granted and no
further leniency is warranted.
5. Considering the fact that the accused had pleaded
guilty and made earnest efforts to raise funds, the petitioners in
these cases are granted two months from today to pay the
compensation as directed by the court below, failing which the
petitioners shall undergo default sentence.
These writ petitions are disposed of as above.
P. BHAVADASAN,
JUDGE
sb.