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2017 Supreme(Ker) 1054

ALEXANDER THOMAS
Sankappa Alva – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: M.U. Vijayalakshmi, Brijesh Mohan
For the Respondents: Saigi Jacob Palatty

JUDGMENT :

1. The prayers in this O.P(Crl.) filed by the petitioner under the enabling provisions contained in Art.227 of the Constitution of India are as follows:

“(i) Call for the records leading to Ext.P-1 to P-3 and P7 of the Chief Judicial Magistrate Court, Kasargod and set aside the order for issuance of DW as also N.B.W. if any against the petitioner in execution of the substantive or default sentence imposed him as per Ext.P-1 judgment which he has already suffered.

(ii) Declare that the petitioner is not liable to suffer any further sentence as ordered in Ext.P-1 judgment by way of imprisonment or fine.

(iii) Issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;”

2. Heard Sri.Brijesh Mohan, learned counsel for the petitioner and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for the respondents 1 to 4 (State authorities).

3. The petitioner herein was convicted for the offence punishable under Sec.138 of the Negotiable Instruments Act as per Ext.P-1 judgment dated 6.2.1998 rendered by the Chief Judicial Magistrate's Court, Kasargod, in C.C.No.270/1996 and he was sentenced to undergo simple imprisonmen





















































































































































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