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Mr.Sadanandan.K.K vs Ing Vysya Bank Limited on 1 November, 2010

Kerala High Court
Mr.Sadanandan.K.K vs Ing Vysya Bank Limited on 1 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4358 of 2010()


1. MR.SADANANDAN.K.K,
                      ...  Petitioner

                        Vs



1. ING VYSYA BANK LIMITED, REGIONAL OFFICE,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED

                For Petitioner  :SRI.M.T.SURESHKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :01/11/2010

 O R D E R
                       V. RAMKUMAR, J.
                   = = = = = = = = = = = = =
                    Crl.M.C..No.4358 of 2010
                  = = = = = = = = = = = = = =
             Dated this the 1st day of November, 2010

                              ORDER

Petitioner, who is the accused in C.C.No.2189/2009 on the

file of the J.F.C.M-VI, Ernakulam which is a prosecution under

Section 138 of the Negotiable Instrument Act, 1881, involving

three cheques each for `1,147/- (Rupees one thousand one

hundred and forty seven only) seeks a direction to the

Magistrate to allow the petitioner to plead guilty in the above

case through his counsel with right to appeal on the question of

sentence alone, in case the sentence includes a substantive

sentence of imprisonment of more than one till the rising of the

court is imposed.

2. The grievance of the petitioner is that notwithstanding

the dictum laid down by this Court in Jain Babu v. Joseph and

another (2008(4) KLT 16), the learned Magistrate dismissed

his application under Section 205 Cr.P.C seeking personal

exemption and dismissed his application to plead guilty through

his counsel.

Crl. M.C. No. 4358 of 2010
2

3. In the light of the verdict in Jain Babu’s case there is

no reason why the petitioner should not be denied an

opportunity to plead guilty through his counsel. Accordingly, if

the petitioner files a fresh application under Section 205 Cr.P.C

with a permission to plead guilty in absentia through his counsel,

the same shall be allowed provided the petitioner deposits a sum

of `5,000/- (Rupees five thousand only) towards

fine/compensation which may be imposed on him by the court

below while accepting the plea of guilt to be made by the

petitioner through his counsel.

This Crl.M.C is allowed as above.

Dated this the 1st day of November, 2010.

V. RAMKUMAR, JUDGE

sj

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