IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
CRL.MC NO. 5563 OF 2022
AGAINST THE ORDER DATED 06.06.2022 IN CRL.MP NO.1301/2022 IN
CRL.APPEAL NO.86/2022 PENDING BEFORE ADDITIONAL SESSIONS COURT-II,
THIRUVANANTHAPURAM
PETITIONER/APPELLANT/ACCUSED:-
JIHANS. Y,
AGED 37 YEARS,
S/O YEHIYA ,MAIDEEN KUNJU,PROPRIETOR,
ORISSION EXPORTS AND IMPORTS,
THOTTINKARA HOUSE, SIVANMUKKU, VENKOLLA,
MADATHARA , THIRUVANANTHAPURAM, PIN - 691541
BY ADV SRI.M.R.SASITH
RESPONDENTS/RESPONDENTS/COMPLAINANTS:
1 M MUHAMMED SHAFFI,
AGED 40 YEARS,
S/O MOITHEEN KUNJU, FAIZAL MANZIL,
MANKUZHY, PANGAPPARA POST, THIRUVANANTHAPURAM,
PIN - 695581
2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
R2 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5563 of 2022
2
ORDER
Dated this the 26th day of August, 2022 This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') seeking to set aside an order passed by Additional Court of Sessions-II, Thiruvananthapuram (for short 'the appellate court') in Crl.M.P.No.1301/2022 in Criminal Appeal No.86/2022.
2. Petitioner was found guilty and stands convicted and sentenced by judgment passed by Judicial First Class Magistrate Court- I, Thiruvananthapuram (for short 'the trial court') in CC No.1048/2015 which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act'). The judgment when assailed before the appellate court and while suspending the execution of sentence, the said court has directed the petitioner to execute a bond for Rs.50,000/- with two solvent sureties each for the likesum to the satisfaction of the trial court and also to deposit 20% of the fine amount before the court within 60 days. The order was passed on 06.06.2022. Crl.M.C.No.5563 of 2022 3
3. This Court finds no reason to set aside the order since it is valid and legal. However, the learned counsel for the petitioner seeks for time for depositing 20% of the fine amount contending that under Section 148 of the N.I.Act the appellate court is empowered to grant 60 days time primarily and then, 30 days on sufficient cause being shown. According to him 80 days is already over and therefore he is entitled to get 10 days more.
In the above context, petition is allowed in part. Time for making payment is extended for ten days more. Petitioner shall execute the bond as directed by the impugned order and also deposit the amount within the ten days' now stands extended. The trial court shall permit the petitioner to execute the bond and also to receive 20% of the fine amount if tendered by the petitioner on or before the expiry of ten days commencing from today.
Sd/-
MARY JOSEPH JUDGE MJL Crl.M.C.No.5563 of 2022 4 APPENDIX OF CRL.MC 5563/2022 PETITIONER'S ANNEXURES:
ANNEXURE A1 A TRUE COPY OF THE JUDGMENT DATED 06/05/2022 IN C.C.1048/2015 ANNEXURE A2 A TRUE COPY OF THE ORDER IN CRIMINAL M.P NO.1301/2022 IN CRL APPEAL NO.86/2022 DATED 06/06/2022, ADDITIONAL SESSIONS COURT NO II , THIRUVANANTHAPURAM ANNEXURE A3 TRUE COPY OF ORDER IN CRL.MC NO.7515/2019 OF HIGH COURT OF KERALA RESPONDENTS' ANNEXURES: NIL // TRUE COPY// P A TO JUDGE