High Court Kerala High Court

Hassankutty vs Mr.C.M.Mangalakumar on 6 December, 2007

Kerala High Court
Hassankutty vs Mr.C.M.Mangalakumar on 6 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3644 of 2007()


1. HASSANKUTTY, AGED 54 YEARS,
                      ...  Petitioner

                        Vs



1. MR.C.M.MANGALAKUMAR, AGED ABOUT
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.PADAYATTEE YELDO

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :06/12/2007

 O R D E R
                            R. BASANT, J.
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                  Crl.M.C.No. 3644 of 2007
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            Dated this the 6th day of December, 2007

                               O R D E R

The petitioner has been found guilty, convicted and

sentenced in a prosecution under Section 138 of the N.I. Act. He

has preferred an appeal. The appeal has been admitted. Order of

stay has been granted, subject to condition. The petitioner is

aggrieved by the condition that he must deposit an amount of

Rs.1 lakh. The petitioner is unable to raise the said amount

immediately. If the said condition were insisted, the petitioner

will have to face the predicament of undergoing the sentence

even before his appeal is disposed of on merits. In these

circumstances it is prayed that the said condition may be set

aside.

2. The cheque is for an amount of Rs.5 lakhs. There is a

dispute regarding execution of the cheque raised before the

learned Magistrate. While I find absolutely nothing improper in

the direction for deposit of an amount of Rs. 1 lakh being 20%

Crl.M.C.No. 3644 of 2007
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of the cheque amount, I am satisfied that appropriate direction can be

issued to ensure that the condition does not work out injustice to the

petitioner.

3. This Crl.M.C. is allowed and the following directions are

issued. The petitioner shall within one month from this date deposit

an amount of Rs.15,000/- towards the amount of Rs. 1 lakh directed to

be deposited by the Appellate Court. The petitioner shall have one

months further time to make the balance amount of Rs.85,000/- In

case the petitioner is not able to raise the balance amount, he may,

while remitting the amount of Rs.15,000/- make a request to the

learned Sessions Judge for expeditious disposal of the appeal and in

such event, the learned Sessions Judge shall ensure that the appeal is

disposed of within such period of one month. The learned Sessions

Judge shall then direct that the sentence shall not be executed till

disposal of the appeal.





                                            (R. BASANT)
tm                                               Judge

Crl.M.C.No. 3644 of 2007
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