9911796707
TMI Blog2004 (1) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... prisonment in Central Prison, Viyyur as he was convicted and sentenced for offences under section 138 of the Negotiable Instruments Act, 1881. She filed Ext. P1 application dated 19-11-2002 before the State Government under section 432 of the Code of Criminal Procedure praying for remission of the sentence of her husband. Alleging that there was delay on the part of the Government in considering Ext. P1 application, she filed the writ petition praying for a direction to the first respondent - State of Kerala to consider and dispose of Ext. P1 application without delay. The learned Single Judge disposed of the writ petition at the admission stage directing the first respondent to consider Ext. P1 and to dispose of the same in accordance with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der, any law relating to a matter to which the executive power of the Union extends, the Central Government, and (b) in other cases the Government of the State within which the offender is sentenced or the said order is passed. Thus if the sentence is for an offence against any law relating to a matter to which the executive power of the union extends, the Central Government is the appropriate Government and in other cases the State Government is the appropriate Government. Therefore, the question is whether the respondent's husband was sentenced for an offence against any law relating to a matter to which the executive power of the Union extends. Admittedly the respondent's husband was convicted and sentenced for an offence under section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to any of the matters enumerated in List I in the Seventh Schedule which is referred to as the Union List. Entry 46 of the said Union List relates to Bill of Exchange, Cheques, Promissory Notes and other like instruments. There is no provision in the Constitution of India which indicates that the Legislature of the State also has power to make laws relating to Bill of Exchange, Cheques, Promissory Notes and other like instruments. Those matters are not included either in List II (State List) or in List III (Concurrent List). Therefore, the Parliament has exclusive power to make laws with respect to "cheques". 6. The Negotiable Instruments Act, 1881 is admittedly a law made by the Parliament. The offence under section 138 of the Negotia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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