MOHAMMED ASLAM Vs. STATE OF KERALA

JUDGEMENT

(1.) A Petitioner is an Advocate who was appearing for the accused in C. C. No. 1388 of 1988 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam. Ext. P1 is a cheque for Rs. 10,000/- issued to him by the said Magistrate. The amount represented the security which the accused represented by the petitioner had deposited in court. The amount has now become refundable to the accused. The cheque Ext. P1 was therefore issued to the accused's counsel, namely the petitioner. The cheque is dated 13-1-1992. It was presented for encashment at the Sub Treasury at Ernakulam on 15-1-1992 when the petitioner was informed that payment could not be made in view of the order of suspension of payment of cheques issued by respondents 1 and 2, namely the State, and the Director of Treasuries. An endorsement slip was accordingly issued to the petitioner on 17-1-1992, a copy of which is Ext. P2. The petitioner has filed this original petition for direction to the respondents to honour the cheque as and when presented.

(2.) THE learned Government Pleader appeared on behalf of the respondents on receipt of a copy of the original petition. He points out that government has imposed a "treasury ban" with effect from 26-11-1991, and all payments except in respect of certain items of expenditure, one of which is "court decrees (including Motor Accidents Claims Tribunal Award)". THE 3rd respondent Sub Treasury Officer was of the opinion that the cheque was not issued pursuant to any "court decree" and accordingly declined to honour it, taking shelter under the "treasury ban".