V.K. Unni vs State Of Kerala

Kerala High Court

V.K. Unni vs State Of Kerala on 20 May, 2024

Author: K.Babu

Bench: K. Babu

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE K. BABU
        MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                       CRL.MC NO. 2172 OF 2024
AGAINST THE ORDER DATED 03.01.2024 IN CRMP 6108/2023 IN CRA NO.526
        OF 2023 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/PETITIONER/APPELLANT:

            V.K. UNNI,
            AGED 66 YEARS,
            S/O. KRISHNAN, VALIYAVEETTIL HOUSE, EZHALLUR KARA,
            KUMARANMANGALAM VILLAGE, THODUPUZHA TALUK,
            IDUKKI DISTRICT, PIN - 685605
            BY ADVS.
            ENOCH DAVID SIMON JOEL
            S.SREEDEV
            RONY JOSE
            LEO LUKOSE
            KAROL MATHEWS SEBASTIAN ALENCHERRY
            DERICK MATHAI SAJI
            KARAN SCARIA ABRAHAM


RESPONDENTS/RESPONDENTS/RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2       GIRIJAN MENON,
            AGED 86 YEARS,
            S/O. SANKARA MENON, LAYANAM HOUSE,
            EROOR SOUTH P.O., THRIPUNITHARA,
            ERNAKULAM, PIN - 682306
            BY ADVS.
            ANJALI G KRISHNAN
            C.DEVANAND(K/190/1987)
            K.G. DEVIPRIYA(K/001342/2022)
            S.NIKHIL RAJEEV(K/000080/2023)
            S.SANAL KUMAR (SR.)(K/582/1994)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C No.2172 of 2024
                                     2



                                   K.BABU, J.
                   --------------------------------------
                           Crl.M.C No.2172 of 2024
                  ---------------------------------------
                      Dated this the 20th day of May, 2024

                                 ORDER

The challenge in this Criminal M.C is to the order dated 03.01.2024 in Crl.MP No.6108/2023 in Crl.A No.526/2023 on the file of the District and Sessions Court, Ernakulam.

2. The petitioner is the accused in ST No.53/2022 on the file of the Judicial First Class Magistrate Court-III, Kochi. He is alleged to have committed the offence punishable under Section 138 of the Negotiable Instruments Act.

3. The Trial Court convicted the petitioner and sentenced him to pay a fine of Rs.15,50,000/-. The petitioner challenged the judgment of conviction and sentence before the Sessions Court, Ernakulam filing Crl.A No.526/2023. Along with the appeal, the petitioner filed an application under Section 389 Cr.PC. The learned Sessions Judge passed Annexure A3 order in the application seeking suspension of sentence, which reads thus: Crl.M.C No.2172 of 2024 3

"Heard. Since there is no special reasons mentioned to get exemption from payment of 20% of amount as stipulated under Section 148 A of N.I Act. The execution of sentence shall stand suspended and bail granted to the petitioner on condition that the accused shall execute bond for Rs.5,00,000/- with two solvent sureties each for the like sum to the satisfaction of the court below and on further condition that the petitioner shall deposit a sum of Rs.3,10,000/- out of fine amount before the trial court within two months from today."

4. Heard the learned counsel for the petitioner, the learned counsel for the respondent/complainant and the learned Public Prosecutor.

5. The learned counsel for the petitioner seeks time till 31.07.2024 for depositing the portion of the fine amount ordered to be paid.

6. The learned counsel for the respondent/complainant submitted that Crl.R.P No.13/2024 filed by the complainant challenging the inadequacy of the sentence imposed is also pending before the Sessions Court.

7. In view of the limited prayer sought from the part of the petitioner, and having considered the challenges raised, the petitioner is granted time till 31.07.2024 to deposit of Rs.3,10,000/- as per order dated 03.01.2024. The complainant is an 86 year-old Crl.M.C No.2172 of 2024 4 man. The litigation commenced in the year 2019.

8. Therefore, the Sessions Court, Ernakulam shall consider both the matters and dispose of them, as expeditiously as possible, at any rate, within a period of six months from this day.

The Criminal M.C is disposed of as above.

Sd/-

K.BABU, JUDGE KAS Crl.M.C No.2172 of 2024 5 APPENDIX OF CRL.MC 2172/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE JUDGMENT DATED 02.12.2023 IN S.T. NO. 53/2022 ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE'S COURT -III, KOCHI. Annexure A2 TRUE COPY OF THE CRL.M.P. NO. 6108/2023 IN CRL. APPEAL NO. 526/2023.

Annexure A3 TRUE COPY OF THE ORDER DATED 03.01.2024 IN CRL.M.P. NO. 6108/2023 IN CRL.

APPEAL NO.526/2023.