Kerala High Court
Areeplavan Finance vs State Of Kerala on 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
Crl.MC.No.4430 OF 2020(C)
AGAINST THE ORDER/JUDGMENT IN CC 402/2019 OF CHIEF JUDICIAL
MAGISTRATE ,THODUPUZHA
AGAINST THE ORDER/JUDGMENT IN ST 23/2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,THODUPUZHA
PETITIONER/S:
AREEPLAVAN FINANCE,
REPRESENTED BY ITS PROPRIETOR SIBY THOMAS,
AREEPLAKAL ELLUPURAM KARA, MUTTOM VILLAGE,
THODUPUZHA TALUK.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 LEENA LURIAKOSE,
W/O. VINOY, VEGACHUVATTIL HOUSE,
THODUPUZHA P.O. OLAMATTOM KARA,
IDUKKI 685 584.
R2 BY ADV. SMT.V.H.JASMINE
OTHER PRESENT:
SMT.M.K PUSHPALATHA,SR.PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.4430 of 2020
-2-
ORDER
The petitioner is the complainant in S.T.No.23/2020
on the files of the court below. The court below, as per
order dated 17.01.2020, directed the respondent herein,
who is the accused before the court below, to pay 20% of
the cheque amount within 60 days towards interim
compensation. Thereafter, the court below as per order
dated 12.08.2020, extended the period upto 18.08.2020.
The court below as per order dated 18.08.2020, granted
further extension of time up to 15.09.2020 and on
15.09.2020, the court below granted further extension of
time upto 31.10.2020 for the payment of interim
compensation. Aggrieved by the said order, this Crl.M.C.
has been filed.
Crl.M.C. No.4430 of 2020
2. Heard.
3. Section 143-A of the Negotiable Instruments Act
(for short, 'the N.I.Act') provides that the court trying an
offence under Section 138 of the N.I.Act may order the
drawer of the cheque to pay interim compensation to the
complainant, which shall not exceed 20% of the amount of
the cheque. Sub-clause (3) of Section 143-A of the
N.I.Act provides that the interim compensation shall be
paid within 60 days from the date of order or within such
further period not exceeding 30 days as may be directed by
the court on sufficient cause being shown by the drawer of
the cheque. Sub-clause (5) of Section 143-A of the N.I.Act
provides that the interim compensation payable may be
recovered as if it were a fine under Section 421 Cr.P.C.
Crl.M.C. No.4430 of 2020
4. It is clear from the provisions of Sub-clause
(3) of Section 143-A of the N.I.Act that the accused has to
pay the interim compensation within 60 days from the date
of order and the said period can be extended for a further
period up to 30 days by the court on sufficient grounds.
Thus, the court is having the power to grant extension of
the period for 30 days after the expiry of the initial period
of 60 days. In this case, the court directed the accused to
pay interim compensation on 17.01.2020. Thereafter, on
the applications of the accused, the court below granted
extension from time to time upto 31.10.2020. Since the said
period of extension was granted due to COVID-19 pandemic,
which is a special cause, and the period extended by the court
below for the payment of interim compensation is
Crl.M.C. No.4430 of 2020
already over, it is not necessary to express any opinion by
this court with regard to the extension of time granted by
the court below upto 31.10.2020. However, since the
period extended by the court below for payment of interim
compensation is already over, I do not find any reason to
pass any order in this Crl.M.C.
In the result, this Crl.M.C. stands disposed of as
above.
Needless to state that the court below shall not grant
further extension of time for the payment of the interim
compensation.
Sd/-
B. SUDHEENDRA KUMAR,
JUDGE
STK
Crl.M.C. No.4430 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE COMPLAINT IN C.C. NO.
402/2019 ON THE FILE OF CJM COURT,
THODUPUZHA.
ANNEXURE A2 TRUE COPY OF THE ORDER OF THE JFMC-II
THODUPUZHA DATED 18.08.2020 IN S.T. NO.
23/2020.
ANNEXURE A3 TRUE COPY OF THE ORDER OF THE JFMC-II
THODUPUZHA DATED 15.09.2020 IN S.T. NO.
23/2020.
ANNEXURE A4 TRUE COPY OF THE ORDER SHEET OF THE
JFMC -II THODUPUZHA IN S.T. NO. 23/2020.
