SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(KER) 41771

HIGH COURT OF KERALA
VARGHESE K. A – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Petitioner challenges the order dated 27.04.2024, produced as Annexure-A3, directing the petitioner to deposit 20% of the fine amount imposed by the trial court as per the provisions of Section 148 of the Negotiable Instruments Act, 1881.

2. Petitioner challenges the said proceeding, contending that the impugned order does not provide any reasons as required in the judgment in jamboo Bhandari v. M.P.State Industrial Development Corporation Ltd. [(2023) 10 SCC 446]. However, the learned counsel fairly conceded that subsequent to the impugned order, petitioner had sought extension of time by filing an application as Crl.M.P.No.2604/2024, and acting on the said application, the Sessions Court extended the time till 25.07.2024.

3. Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that the challenge against Annexure-A3 order cannot be entertained now, since the petitioner cannot aprobate and reprobate. After seeking an extension of time to deposit the amount, petitioner cannot, thereafter turn around and challenge the order. Acquiescence to the impugned order restrains the petitioner from thereafter challenging it. In such

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top