High Court Kerala High Court

M.Prabhakaran vs Geroge Alappatt Thottian on 31 January, 2007

Kerala High Court
M.Prabhakaran vs Geroge Alappatt Thottian on 31 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 231 of 2007()


1. M.PRABHAKARAN, AMBATT HOUSE,
                      ...  Petitioner

                        Vs



1. GEROGE ALAPPATT THOTTIAN,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :31/01/2007

 O R D E R


                              R. BASANT, J.

              -------------------------------------------------

                      CRL.M.C.NO. 231 OF  2007

              -------------------------------------------------

            Dated this the 31st day of January, 2007


                                  ORDER

The petitioner has been found guilty, convicted and

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

was acquitted by the trial court. But he was convicted and

sentenced in an appeal against acquittal by this Court as per

the judgment dated 3/3/06. He was sentenced to undergo

imprisonment till rising of court and to pay an amount of

Rs.1,34,000/- as compensation. Default sentence was also

prescribed. Long later, on 4/10/06 the petitioner came to this

Court and the learned Judge who passed the judgment in

appeal granted time till 4/2/2007 to pay the amount of

Rs.1,34,000/-. There was a very specific direction that there

shall be no further enlargement of time. The petitioner has

now come to this Court praying for further time of six months

to pay the amount.

2. I am not at all persuaded to agree that there is any

justification in the prayer for further extension of time.

Proceedings were initiated as early as in 1998. The direction

CRL.M.C.NO. 231 OF 2007 -: 2 :-

is to pay only the actual cheque amount. My learned Brother

had specifically directed that there shall be no further extension

of time. In these circumstances, the prayer is found to be

without any merit.

3. This Crl.M.C. is, in these circumstances, dismissed.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge