H.Noushad vs State Of Kerala
2021 Latest Caselaw 12998 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943
                   CRL.MC NO. 2738 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRA 122/2019 OF DISTRICT &
             SESSIONS COURT, ALAPPUZHA, ALAPPUZHA
PETITIONER/S:

         H.NOUSHAD
         AGED 46 YEARS
         S/O HASAN KUNJU,NAZILA MANZIL,

         LAJANATH WARD, ALAPPUZHA - 688001

         BY ADV L.RAJESH NARAYAN


RESPONDENT/S:

         1.STATE OF KERALA REPRESENTED BY THE PUBLIC
         PROSECUTOR

         HIGH COURT OF KERALA, ERNAKULAM 682 031


         2.T.H. MUHAMMED NAVAS, S/O HAMEED

         HAMEED COTTAGE, ZACHARIA BAZAR P O

         ALAPPUZHA 688 012


OTHER PRESENT:

         PP SRI.AJITH MURALI



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CRL.MC NO. 2738 OF 2021

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                             ORDER

The petitioner herein is the accused in

S.T.No.2721/2013 on the files of the Judicial First Class

Magistrate-I, Alappuzha registered for the offence

punishable under Section 138 of the Negotiable

Instruments Act. By judgment dated 18.05.2019, the

petitioner was sentenced to pay a fine of Rs.2,50,000/- to

the 2nd respondent and in default of payment of which to

undergo simple imprisonment for a period of one month.

Challenging the conviction and sentence, the petitioner

preferred Crl.Appeal No.122/2019 before the Sessions

Court, Alappuzha which was dismissed by Annexure A-1.

Challenging Annexure -A1 the petitioner approached this

Court in Crl.R.P.No.1197/2019 which was dismissed by

Annexure A-II order dated 26.11.2019.

2. This Crl.M.C.has been filed seeking to grant such

further time as this Court deem fit and proper to effect

payment of fine imposed as per Annexures A-I and A-II CRL.MC NO. 2738 OF 2021

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orders. The proper remedy available to the petitioner is to

file necessary application in Crl.R.P.No.1197/2019

seeking extension of time. It is not just and proper for this

Court to sit in judgment over the decision rendered by a

court of coordinate jurisdication and pass orders thereon.

Hence, this Crl.M.C. is liable to be dismissed.

In the result, the Crl.M.C. is dismissed without

prejucie to the right of the petitioner to file appropriate

application in Crl.R.P.No.1197/2019 seeking appropriate

reliefs.

Sd/-

N.ANIL KUMAR, JUDGE

kkj CRL.MC NO. 2738 OF 2021

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PETITIONERS'S ANNEXURES

ANNEXURE A/1: TRUE COPY OF THE JUDGMENT DATED 15.10.2019 IN CRLA.NO.122/2019 OF THE HON'BLE SESSIONS COURT, ALAPPUZHA

ANNEXURE A/2: TRUE COPY OF THE JUDGMENT DATED 26.11.2019 IN CRL R.P.NO.1197/2019