JAMEELA KHADER Vs. STATE OF KERALA

JUDGEMENT

(1.) Can a Criminal Court remit any portion of the penalty or enforce only its part payment under S.446(3) of the Code of Criminal Procedure 1973 pursuant to forfeiture of the surety bond and after steps for recovery of penalty have been initiated The above short but interesting question has arisen in the following circumstances.

(2.) Petitioners executed surety bonds to bail out an accused who was facing trial in the Court for an offence punishable under S.138 of the Negotiable Instruments Act. Subsequently the accused failed to appear before the Court. Coercive steps were initiated against him. Though notices were issued to the petitioners/sureties, they failed to procure attendance of the accused before the Court. Therefore the surety bonds were forfeited and the petitioners were directed to pay Rs.5,000/- each as penalty. The order imposing the penalty was passed by the learned Magistrate after issuing show cause notice to the sureties and after hearing them as provided under S.446(1) of the Code. The above order was passed on July 26, 2001.

(3.) The amount of penalty was not paid by the petitioners. Therefore recovery proceedings were initiated against them as provided under the Kerala Revenue Recovery Act. Annexure A and B are true photocopies of the notices issued to them under the Act.