Joggy Joseph vs State Of Kerala on 20 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 711 of 2007()


1. JOGGY JOSEPH, S/O. JOSEPH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

2. SUMATHY SURENDRAN,

                For Petitioner  :SRI.GEORGE SEBASTIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :20/03/2007

 O R D E R
                                  R. BASANT, J.

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                       Crl.M.C.Nos.  711 &  713 of   2007

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                  Dated this the 20th day of   March, 2007


                                      O R D E R

The common petitioner is the accused in two separate

prosecutions under Section 138 of the N.I. Act. He has been found

guilty, convicted and sentenced in both cases. He has preferred

appeals before the learned Sessions Judge. The learned Sessions

Judge has admitted both the appeals and has suspended the execution

of the sentence in both cases, but subject to conditions. The

conditions, inter alia, include the condition that part of the cheque

amount must be deposited by the petitioner on or before 15.3.2007.

The petitioner has now rushed to this Court with these Crl.M.Cs.

complaining about the condition imposed. In fact the prayer is only

that some further time may be granted to the petitioner to make the

payment. The petitioner is facing grave financial difficulties and if

insistence on compliance were made without granting extension of

time, the petitioner shall be forced to undergo the sentence before his

appeals are disposed of on merits. The learned counsel for the

petitioner submits that further time of one month may be granted to

Crl.M.C.Nos. 711 & 713 of 2007

2

the petitioner to enable him to deposit the amount as directed or to settle

the matter and report composition before the learned Magistrate.

2. I am satisfied in the facts and circumstances of this case that the

request of the petitioner can be accepted. The learned Sessions Judge

having already directed in the impugned order that no further extension of

time shall be granted, the petitioner is justified in coming to this court for

seeking the relief. I am satisfied that the petitioner can be granted time of

one month from this date to make the payment and avoid execution of the

sentence during the pendency of the appeals. The petitioner shall not be

entitled to any further extension of time.

3. These Crl.M.Cs. are allowed to the extent indicated above.

(R. BASANT)

Judge

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