Krishnan K vs M/S. N G D Jewels
2021 Latest Caselaw 12243 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE K.HARIPAL

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                       OP(Crl.).No.185 OF 2021

          IN CRA 9/2021 OF ADDITIONAL DISTRICT COURT, TIRUR


PETITIONER:

               KRISHNAN K.
               AGED 65 YEARS
               W/O. RAMAN NAIR,
               HARINANDANAM HOUSE,
               P K NAGAR,
               PALAPPURAM POST,
               OTTAPALAM TALUK,
               PALAKKAD DISTRICT.

               BY ADV. SRI.R.SREEHARI

RESPONDENTS:

      1        M/S. N G D JEWELS
               THRISSUR ROAD,
               VALANCHERRI ,
               PROPRIETOR ALI NEETHUKATTIL,
               AGED 58 YEARS,
               S/O. KUNHIMOIDEEN HAJI,
               VALANCHEERI REPRESENTED BY THE POWER OF ATTORNEY
               HOLDER BEENA K V (ADMINISTRATOR),
               PARAPPURATH VEETTIL,
               KADANCHERRI POST,
               EDAPAL,
               MALAPPURAM DISTRICT 679 582.

      2        STATE OF KERALA,
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA,
               ERNAKULAM,
               COCHIN 682 031.

                BY ADV.SR.PP.SANTHOSH PETER

     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23.04.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(Crl.).No.185 OF 2021

                                    2




                             JUDGMENT

Heard the learned Counsel for the petitioner, who is the

convict in S.T. No 59 of 2017 of Judicial First Class Magistrate

Court No.II, Tirur. By Ext.P1 judgment, he was convicted for an

offence punishable under Section 138 of the Negotiable

Instruments Act. In Ext.P2 appeal memorandum, the petitioner

has impugned the judgment dated 27.01.2021 before the Sessions

Court, Manjeri where Criminal Appeal No.9/2021 has been

preferred. Ext.P3 order dated 06.02.2021 shows that while

admitting the appeal, the Court had directed him to make a

deposit of Rs.55,800/- (Rupees Fifty five thousand eight hundred

only) as provided under section 148(1) of the Negotiable

Instruments Act, within 60 days. Prior to the expiry of that time,

he sought 60 more days time for depositing the amount. By the

impugned order dated 31.03.2021, the learned Additional

Sessions Judge granted him only ten days time.

2. Having regard to the circumstances and in the nature of

the order proposed to be passed, notice need not be issued to the OP(Crl.).No.185 OF 2021

respondents. Heard the learned Counsel for the petitioner.

According to him, the petitioner is a physically challenged

person, that his business has shattered during the pandemic, that

he is prepared to remit the amount within a period of 60 days.

However, considering the circumstances, he is granted 30 days

time for depositing the amount from this date, failing which this

order shall stand cancelled.

With the above observation, the O.P. (Crl.) is disposed of.

Sd/-

K.HARIPAL JUDGE Jms/23.04 OP(Crl.).No.185 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTO COPY OF JUDGMENT IN S.T. NO. 59/2017 OF JFCM COURT NO. II, TIRUR DATED 27.01.2021.

EXHIBIT P2 CERTIFIED COPY OF MEMORANDUM OF CRL APPEAL NO. 9/2021 OF SESSIONS COURT, MANJERI.

EXHIBIT P3 CERTIFIED COPY OF THE ORDER In CRL.M P NO.

265/2021 IN CRL APPEAL NO. 9/2021 OF SESSION COURT, MANJERI DATED 06.02.2021.

EXHIBIT P4 PHOTOCOPY OF THE DISABILITY CERTIFICATE ISSUED TO THE PETITIONER BY THE STANDING DISABILITY ASSESSMENT BOARD ATTACHED TO TALUK HEAD QUARTERS HOSPITAL, OTTAPALAM DATED 28.03.2019.

EXHIBIT P5 CERTIFIED COPY OF APPLICATION CRL M P NO.

53/2021 IN CRL APPEAL NO.9/2021 OF ADDITIONAL SESSIONS COURT TIRUR DATED 30.03.2021.

EXHIBIT P6 CERTIFIED COPY OF THE ORDER PASSED IN CRL M P NO. 53/2021 IN CRL APPEAL NO.9/2021 OF ADDITIONAL SESSION COURT, TIRUR DATED 31.03.2021.

//True Copy// P.A to Judge