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M.PRABHAKARAN, AMBATT HOUSE versus GEROGE ALAPPATT THOTTIAN

High Court of Kerala

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M.PRABHAKARAN, AMBATT HOUSE v. GEROGE ALAPPATT THOTTIAN - Crl MC No. 231 of 2007 [2007] RD-KL 2234 (31 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 231 of 2007()

1. M.PRABHAKARAN, AMBATT HOUSE,
... Petitioner

Vs

1. GEROGE ALAPPATT THOTTIAN,
... Respondent

2. STATE OF KERALA, REPRESENTED BY THE

For Petitioner :SRI.T.M.ABDUL LATHEEF

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :31/01/2007

O R D E R

R. BASANT, J.

CRL.M.C.NO. 231 OF 2007

Dated this the 31st day of January, 2007

ORDER

The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the N.I. Act. He was acquitted by the trial court. But he was convicted and sentenced in an appeal against acquittal by this Court as per the judgment dated 3/3/06. He was sentenced to undergo imprisonment till rising of court and to pay an amount of Rs.1,34,000/- as compensation. Default sentence was also prescribed. Long later, on 4/10/06 the petitioner came to this Court and the learned Judge who passed the judgment in appeal granted time till 4/2/2007 to pay the amount of Rs.1,34,000/-. There was a very specific direction that there shall be no further enlargement of time. The petitioner has now come to this Court praying for further time of six months to pay the amount.

2. I am not at all persuaded to agree that there is any justification in the prayer for further extension of time. Proceedings were initiated as early as in 1998. The direction CRL.M.C.NO. 231 OF 2007 -: 2 :- is to pay only the actual cheque amount. My learned Brother had specifically directed that there shall be no further extension of time. In these circumstances, the prayer is found to be without any merit.

3. This Crl.M.C. is, in these circumstances, dismissed. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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