Kerala High Court
Crl.MC/4230/2009 of ABDUL SHAMEED Vs SHYJU.S AND ANOTHER on 30 December 2009
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Crl.MC.No. 4230 of 2009() ------------------------- AGAINST THE ORDER DATED 14/12/2009 IN CRMP.3462/2009 IN CRA.425/2009 of SESSIONS COURT, KOLLAM (ST.89/2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931
Crl.MC.No. 4230 of 2009()
-------------------------
AGAINST THE ORDER DATED 14/12/2009 IN CRMP.3462/2009 IN
CRA.425/2009 of SESSIONS COURT, KOLLAM
(ST.89/2009 of JUDICIAL FIRST CLASS MAGISTRATE-IV, KOLLAM)
....................
PETITIONER/PETITIONER/APPELLANT/ACCUSED:
---------------------------------------------------- ABDUL SHAMEED,AGED 30,NOORJAHAN, SIVADASAMANGALAM,POLAYATHODU,MUNDAKKAL EAST, KOLLAM.
BY ADV. SRI.NAGARAJ NARAYANAN
SRI.SAIJO HASSAN
RESPONDENTS/2ND RESPONDENT/COMPLAINANT & STATE:
----------------------------------------------------------------
1. SHYJU S,SUMA NIVAS,MUNDAKKAL WEST,KOLLAM.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. C.M. KAMAPPU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30/12/2009, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
P.Q BARKATH ALI,J.------------------------- Crl.M.C No.4230 of 2009-------------------------- Dated this the 30th December,2009
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O R D E R
Petitioner is the accused in S.T No.89/2009 on the fileof the Judicial First Class Magistrate Court IV, Kollam andthe appellant in Crl.A No.425/09 of Sessions Court, Kollam.He was convicted under Section 138 of the NegotiableInstruments Act and was sentenced to undergo simpleimprisonment till the rising of the court and to pay a fine ofRs.1,40,000/- and in default to undergo simpleimprisonment for two months. On appeal, the appellatecourt suspended the sentence but ordered him to remit1/5th of the cheque amount before the court below. Thepetitioner has challenged the said condition imposed bythe Sessions Court in Annexure -I order dated 14.12.2009directing him to remit 1/5th of the cheque amount.
2. It is alleged in the petition that the petitioner isnot in a position to raise any amount as he is financiallypoor and is suffering from decease and that therefore thecondition imposed by the Sessions Court directing him toremit 1/5th of the cheque amount may be lifted.
3. Learned counsel for the petitioner submittedthat the petitioner is a coolie worker and he is not doingwell. Taking into consideration that aspect, I feel that thepetitioner can be directed to remit Rs.10,000/- towards thecheque amount before the trial court.
Learned counsel for the petitioner submitted In the result, the petitioner is directed to remitRs.10,000/- before the trial court towards cheque amountinstead of 1/5th of the cheque amount.
P.Q BARKATH ALI, JUDGE
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