The Hindu : SC stays arrest of former Kerala Minister's son

Online edition of India's National Newspaper
Wednesday, May 21, 2003

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SC stays arrest of former Kerala Minister's son

By J. Venkatesan

NEW DELHI MAY 20. The Supreme Court has stayed the arrest of Jeevanbose, son of the former Kerala Minister, Dhamodharan, in a `cheque bouncing case' filed by his sister.

A vacation Bench, comprising Justice Santosh Hegde and Justice Shivaraj V. Patil, granted the stay on Monday after counsel for the petitioner, brought to the notice of the court that Mr. Jeevanbose had suffered a month's imprisonment and had settled the amount due to his sister, Girija.

After coming out on parole, the petitioner had sought remission of the sentence of one year imprisonment but the Kerala High Court declined the plea and said the Union Government alone was competent to reduce the sentence but had granted time till the end of this month for the Centre to consider his application and the present petition was directed against that order.

According to the petitioner, he borrowed Rs. 1,33,000 from his elder sister and issued a cheque to her as security for the loan borrowed. Due to a quarrel in the family, she presented the cheque in the bank and it was returned for want of funds.

She then filed a complaint under Sec. 138 of the Negotiable Instruments Act and the case ended in conviction of a year's simple imprisonment and a fine of Rs. 5,000 and the sentence was confirmed by the appellate and the High Courts. Mr. Jeevanbose then surrendered and even as he was in jail cleared the amount to his sister.

The High Court directed the Centre to dispose of his application within two months and the period was due to expire on May 28.

But as the application was yet to be disposed of, he moved the apex court for relief and stay the arrest till the application was disposed of.

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