High Court of KeralaOP(Crl.)/123/2015disposed of

Raja Suresh v. State Of Kerala

2015-04-10Honourable Mr. Justice P.Ubaid4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 OP(Crl.).No. 123 of 2015 (Q) ----------------------------- IN ST 7280/2010 of J.M.F.C.-III,THRISSUR PETITIONER(S):

-------------------------- RAJA SURESH CHAIRMAN, SREE PATTATH VISHNUMAYA CHITS LTD, PATTATH HOUSE KOTTAPURAM, THRISSUR 680004 BY ADVS.SRI.THOMAS J.ANAKKALLUNKAL SRI.V.C.SARATH RESPONDENT(S):

---------------------------- 1.STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031

2. SONNET CREATIONS PVT. LTD., 52, UNITY BUILDING, MANNADIAR LANE, THRISSUR REP. BY DIRECTOR P.K. VASUDEVAN 680003

3. THE TAHSILDAR TALUK OFFICE, THRISSUR 680001 R BY GOVERNMENT PLEADER SMT. SAREENA GEORGE. P. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(Crl.).No. 123 of 2015 (Q) ----------------------------- APPENDIX PETITONERS EXHIBITS:

EXT P1:

TRUE COPY OF THE JUDGMENT DATED 20.2.2014 IN S.T NO.7280/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THRISSUR EXT P2:

TRUE COPY OF THE DEMAND NOTICE DATED 24.1.2015 ISSUED BY THE 3RD RESPONDENT UNDER SECTION 23 OF THE REVENUE RECOVERY ACT EXT P3:

TRUE COPY OF THE DEMAND NOTICE DATED 24.1.2015 ISSUED BY THE THIRD RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT RESPONDENTS EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

------------------------- O.P (Crl.) No.123 of 2015 --------------------------------------- Dated this the 10th day of April, 2015.

J U D G M E N T

The petitioner herein stands convicted and sentenced on a plea of guilty under Section 138 of the Negotiable Instruments Act by the Judicial First Class Magistrate Court -III, Thrissur in S.T No.7280 of 2010. Unfortunately, he could not deposit the amount of compensation within the time granted by the court. He has not preferred appeal against the conviction, and he is ready to deposit the amount within a reasonable period. The only remedy available to him is to seek a direction from this court under Article 227 of the Constitution of India. In such a circumstance, this court can grant reasonable time in exercise of the supervisory jurisdiction. The petitioner's request is genuine. The date of conviction is 20.2.2014, and now we are in April 2015. Time for three months as requested by the petitioner cannot be

O.P (Crl.) No.123 of 2015 granted. However, his request deserves to be considered. In the result, this original petition is disposed of, granting time to the petitioner till 31.5.2015 to make payment of the compensation as per the judgment of the trial court dated 20.2.2014 in S.C 7280 of 2010.

sd/- P.UBAID, JUDGE sab