Soby George vs Mary Thomas on 14 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25315 of 2009(Q)


1. SOBY GEORGE, AGED 41 YEARS,
                      ...  Petitioner

                        Vs



1. MARY THOMAS, MAROTTICKAL HOUSE
                       ...       Respondent

                For Petitioner  :SRI.T.M.RAMAN KARTHA

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :14/09/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
            W.P.(C)No.25315       OF 2009
            ===========================

    Dated this the 14th day of September,2009

                       JUDGMENT

Petitioner is the accused in S.T.1511/2008 on the

file of Judicial First Class Magistrate Court,

Kolencherry. Respondent is the complainant. This

petition is filed under Article 227 of the Constitution

of India for a direction to the Magistrate to adjourn

the case for two months for settling the case.

2. Learned counsel appearing for the petitioner

was heard.

3. The submission of the learned counsel is that

the dishonoured cheque was for Rs.5,50,000/- and out of

the amount due Rs.1,00,000/- has already been paid and

for payment of the balance amount two months further

time is needed and therefore a direction is to be

issued to adjourn the case beyond a period of two

months.

4. On hearing the learned counsel, I find no

reason to give any direction as sought for. Unless

there is a composition of the offence under section

147 of the Negotiable Instruments Act as the offence is

W.P.(C)25315/2009 2

compoundable, the learned Magistrate can only proceed with

the case.

Petition is dismissed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006