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Supreme Court - Daily Orders

Anu K P vs Shaji A S on 1 August, 2024

     ITEM NO.1710                                    COURT NO.9                           SECTION II-B

                                    S U P R E M E C O U R T O F                  I N D I A
                                            RECORD OF PROCEEDINGS

                         SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO(S). 26973/2024

     ANU K P                                                                            PETITIONER(S)
                                                             VERSUS
     SHAJI A S & ANR.                                                                   RESPONDENT(S)

     (IA No.138805/2024-CONDONATION OF DELAY IN FILING and IA
     No.138810/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.138808/2024-EXEMPTION FROM SURRENDERING WITHIN TIME )

     Date : 01-08-2024 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE SANDEEP MEHTA
                                              [IN CHAMBER]

     For Petitioner(s)                     Mr. K. Rajeev, Adv.
                                          Mr. Bijo Mathew Joy, AOR
                                          Ms. Gifty Marium Joseph, Adv.

     For Respondent(s)

                                 UPON hearing the counsel the court made the following
                                                   O R D E R

IA No.138808/2024

1. This is a special leave petition arising from a judgment dated 31 st July, 2023 whereby the High Court of Kerala in an appeal (Crl. Appeal No.93 of 2019) preferred by the complainant against the acquittal recorded by the trial Court, reversed the judgment of the Trial Court and convicted the petitioner for the offence punishable under Section 138 of the N.I. Act and was awarded sentence till rising of the Court and fine of ₹6,00,000/- (Rupees Six lakhs only) to be paid to the complainant.

2. In view of the peculiar facts of the case, the prayer made on behalf of the petitioner seeking exemption from surrendering is allowed.

Signature Not Verified

3. The petitioner is exempted from surrendering.

4. Let the matter be processed for listing before the Court.

Digitally signed by geeta ahuja Date: 2024.08.03 12:08:06 IST Reason:
        (Nand Kishor)                                                        (Geeta Ahuja)
     Court Master (NSH)                                                Assistant Registrar-cum-PS