Raveendran M.K v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 OP(Crl.).No. 296 of 2015 (Q) ----------------------------- ST 1968/2014 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, KANJIRAPPALLY PETITIONER/ACCUSED:

------------------- RAVEENDRAN M.K., AGED 54 YEARS, UNION WORKER, ABT PARCEL OFFICE, 20TH MILE, PONKUNNAM, KOTTAYAM DISTRICT 686506 BY ADVS.SRI.LIJI.J.VADAKEDOM SRI.RAJEEV JYOTHISH GEORGE RESPONDENTS/STATE AND COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031.

2. SREE GOKULAM CHIT AND FINANCE COMPANY (P) LTD., WITH ITS CENTRAL OFFICE AT NO.66, ARCOT ROAD, KODAMPAKOM, CHENNAI 600024, DIVISIONAL OFFICE AT PRAKKAT BUILDING, 1ST FLOOR, CENTRAL JUNCTION, KOTTAYAM, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, K.R SIBU R1 BY GOVERNMENT PLEADER SMT.SAREENA R2 BY ADVS. SRI.K.S.BABU SMT.N.SUDHA SRI.BABU SHANKAR SRI.K.V.WINSTON SRI.VIPIN VISWAN THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(Crl.).No. 296 of 2015 (Q) ----------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------- P1: COPY OF THE ORDER DATED 19.02.2015 IN ST.NO.1968/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KANJIRAPPALLY.

P2: COPY OF THE RECEIPT ISSUED BY THE COMPLAINANT SHOWING REMITTANCE OF RS.10,000/- BY THE PETITIONER.

P3: COPY OF THE DISCHARGE SUMMARY ISSUED TO THE WIFE OF THE PETITIONER (OMANA) FROM THE MEDICAL COLLEGE HOSPITAL, KOTTAYAM SHOWING DATE OF ADMISSION 05.05.2015 AND DATE OF DISCHARGE AS 07.05.2015.

P3 A: COPY OF THE DISCHARGE SUMMARY DATED 25.05.2015 ISSUED TO THE WIFE OF THE PETITIONER (OMANA) FROM THE MEDICAL COLLEGE HOSPITAL, KOTTAYAM.

P4: COPY OF THE JUDGMENT DATED 18.02.2015 IN OP(CRL) 48/2015 BEFORE THIS HONOURABLE COURT.

RESPONDENTS' EXHIBITS :

----------------------- NIL // True Copy // P.A. To Judge DSV/27/10/15

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(Crl.) No.296 of 2015 Q ````````````````````````````````````````````````````````````` Dated this the 13th day of October, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Based on a so-called plea bargaining, the court below has passed Ext.P1 judgment dated 19.02.2015 convicting and sentencing the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act. This Court is not presently making any observations with regard to the correctness or otherwise of Ext.P1 judgment.

2.

The present request of the petitioner is to get the time for payment of fine extended. It seems that there are grounds to interfere with Ext.P1 judgment. It is for the petitioner to move appropriate proceedings challenging Ext.P1, in case he is aggrieved.

With liberty to the petitioner to have recourse to appropriate proceedings, this O.P.(Crl.) is disposed of. Sd/- (B.KEMAL PASHA, JUDGE) aks/13/10 // True Copy // PA to Judge