K.G.Unnikrishnan Nair vs The State Of Kerala
2021 Latest Caselaw 6560 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                     Crl.MC.No.939 OF 2021(F)

    CRA 145/2020 OF ADDITIONAL SESSIONS COURT, MAVELIKKARA

 ST 16/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, HARIPAD

PETITIONER/S:

            K.G.UNNIKRISHNAN NAIR
            AGED 58 YEARS
            S/O GOPALANNAIR,KARIPURATHU HOUSE,
            KARUVATTA NORTH POST,ALLAPUZHA ,KERALA.

            BY ADV. SRI.A.B.MOHANAKUMAR

RESPONDENT/S:

      1     THE STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGIH COURT OF KERALA,ERNAKULAM-682018.

      2     THE CIRCLE INSPECTOR OF POLICE,
            HARIPPAD POLICE STATION,HARIPPAD,
            PIN-690514.

      3     THE SUB INSPECTOR OF POLICE,
            HARIPPAD POLICE STATION,HARIPPAD,
            PIN-690514.

      4     KBP NIDHI LIMITED,
            HARIPPAD BRANCH,KARTHIKAPPALLY TALUK,
            ALAPPUZHA DISTRICT,PIN-690514.
            REPRESENTED BY ITS BRANCH MANAGER.


OTHER PRESENT:

            SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No.939   of 2021

                                       -2-



                                  ORDER

Dated this the 24th day of February, 2021

Petitioner stands convicted for the offence

under Section 138 of the Negotiable Instruments

Act vide Annexure A1 judgment. The petitioner has

preferred Annexure A2 appeal, challenging his

conviction and sentence. There is a delay of 26

days in filing the appeal. The petitioner has

filed Crl.M.P.No.167 of 2021 for taking up the

appeal along with the delay petition urgently.

The grievance of the petitioner is that,

consideration of the appeal for the purpose of

admission is being unduly delayed and in the

meanwhile, the warrant issued against him in

execution of the sentence imposed as per Annexure

A1 is sought to be executed. The petitioner seeks

expeditious consideration of the appeal, the

application for condonation of delay and the

application seeking suspension of execution the Crl.M.C. No.939 of 2021

sentence.

Considering the limited relief sought, the

Crl.M.C is disposed of directing the Additional

Sessions Court-III, Mavelikara, to which the

Crl.Appeal No.145 of 2020 has been made over, to

take up Crl.M.P.No.167 of 2021 filed by the

petitioner within a period of one week and to

post the appeal along with the application for

condonation of delay and petition for suspending

the execution of sentence on an early date. For

effectuating such consideration, the non-bailable

warrant pending against the petitioner based on

his conviction and sentence as per Annexure A1

judgment shall be kept in abeyance for two weeks.

Sd/-

V.G.ARUN JUDGE

Scl/24.02.2021 Crl.M.C. No.939 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE JUDGEMENT DATED 22.10.2020 IN ST.NO.16/2017 BY THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, HARIPPAD

ANNEXURE A2 TRUE COPY OF THE APPEAL MEMORANDUM APPEAL FILED BY THE PETITIONER AS CRL APPEAL NO.145/2020 AGAINST ANNEXURE A1 JUDGEMENT

ANNEXURE A3 TRUE COPY OF CRLMP NO.1/2020 FILED BY THE PETITIONER IN CRL APPEAL NO.145/2020 FOR SUSPENSION OF SENTENCE.