Kerala High Court
Crl.MC/4115/2006 of JOGGY JOSEPH Vs STATE OF KERALA & ANOTHER on 26 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Crl.MC.No. 4115 of 2006() ------------------------- AGAINST THE ORDER DATED 26/10/2006 IN CRMP.NO.3551/2006 IN CRA.514/2006 of SESSIONS COURT, ALAPPUZHA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928
Crl.MC.No. 4115 of 2006()
-------------------------
AGAINST THE ORDER DATED 26/10/2006 IN CRMP.NO.3551/2006 IN
CRA.514/2006 of SESSIONS COURT, ALAPPUZHA
....................
PETITIONER:
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JOGGY JOSEPH,S/O. JOSEPH, AGED 53 YEARS,CHERUKARA HOUSE, AVALOOKUNNU P.O.,SUBRAMANYAPURAM ALAPPUZHA
BY ADV. SRI.GEORGE SEBASTIAN
RESPONDENTS:
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1.STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALAHIGH COURT OF KERALA
2.P.K. GOPINADHAN T.A., AGED 55 YEARS,PULICELICHIRA, AVALOOKUNNU P.O.,ALAPPUZHA-6PULICELICHIRA, AVALOOKUNNU P.O.,ALAPPUZHA-6
BY PUBLIC PROSECUTOR K.S. SIVAKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
V. RAMKUMAR, J.* * * * * * * * * * * * * * * * * *Crl. M.C. No. 4115 of 2006* * * * * * * * * * * * * * * * * * Dated, this the 26[th] day of December 2006
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ORDER
Petitioner who is an accused in C.C. 299/04 on the file of J.F.C.M.-II,Alappuzha for an offence punishable under Section 138 of the NegotiableInstruments Act involving a cheque for a sum of Rs. 1,50,000/- was convictedby the Magistrate. He has filed an appeal before the Sessions Court, Alappuzhaas Crl.Appeal 514/06. He sought a suspension of the sentence and theappellate court was pleased to suspend the sentence as per Annexure B orderdated 26-10-2006 in Crl. M.P. 3551/06. One of the conditions was to depositthe sum of Rs. 40,000- (Rupees forty thousand only) before the trial courtwithin two months from the said date. It is the said order which is soughtto be quashed in this petition filed under Sec. 482 of Cr.P.C.
I am not inclined to entertain this petition except to grant twomonths' more time to comply with the direction for deposit of cash.Accordingly, this Crl.M.C. is disposed of with a slight modification in theimpugned order granting the petitioner further two months period from theperiod originally fixed for complying with the condition to deposit Rs. 40,000/-before the trial court.
ani.
V. RAMKUMAR,
(JUDGE)