Sunny Joseph v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 Crl.MC.No. 2934 of 2015 () --------------------------- CC.NO. 598/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM, KOZHIKODE DISTRICT -------------------- PETITIONER/ACCUSED :

------------------------------------- SUNNY JOSEPH S/O.JOSEPH, PALA, NEELESWARAM P.O., MUKKOM, KOZHIKODE DISTRICT.

BY ADVS.SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS/STATE & COMPLAINANT :

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

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. MADHU P., S/O.KRISHNAN NAIR, PUNATHIL HOUSE, BALUSSERY AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE - 673 305.

R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE R2 BY ADVS. SRI.SANTHARAM.P SMT.REKHA ARAVIND SMT.T.S.REMYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 2934 of 2015 () -------------------------------------- APPENDIX PETITIONERS' ANNEXURES :

------------------------------------------- ANNEXURE-A1:

COPY OF THE ORDER OF THE LOK ADALATH ORGANIZED BY THE DISTRICT LEGAL SERVICE AUTHORITY, KOZHIKODE IN C.C.NO.598 OF 2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM DATED 6.12.2014.

RESPONDENT(S)' ANNEXURES : NIL ------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

B. KEMAL PASHA, J.

------------------------------------------------------ Crl. M.C. No. 2934 of 2015 ------------------------------------------------------- Dated this the 3rd day of September, 2015

ORDER

A matter under Section 138 of the NI Act was settled in Lok Adalat whereby the Lok Adalat passed an award which has the effect of a decree. The petitioner wanted some more time to pay the amount covered by the award. The petitioner has paid an amount of 1 lakh on ₹ 20.06.2015 as per the order of this Court. It seems that this Court has passed an order based on the undertaking from the part of the petitioner that the balance amount of 3 ₹ lakhs would be paid on or before 31.07.2015, and an order of stay was passed by this Court.

2.

Even now, the said amount has not been paid. According to the petitioner, the petitioner wants some more

Crl. M.C. No. 2934 of 2015 time. Overlooking the time limit prescribed in the award, this Court cannot entertain the such request. In the result, this Crl.M.C is dismissed.

Sd/- B. KEMAL PASHA, JUDGE ww