Kerala High Court
Vijayakumar Hentry vs State Of Kerala on 24 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 24TH DAY OF MAY 2021 / 3RD JYAISHTA, 1943
CRL.MC NO. 2616 OF 2021
AGAINST THE ORDER/JUDGEMENT IN CRL.M.P. NO.654 OG 2021 IN CTL.
APPEAL NO. 112/2021 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM,
ERNAKULAM
PETITIONER/PETITIONER/ACCUSED:
1. VIJAYAKUMAR HENTRY,
S/O.S.HENTRY, AGED 48 YEARS,
"D MOUNT, KOTTAPPURAM, VIZHINJAM P.O.,
THIRUVANANTHAPURAM, PIN - 695 521.
BY ADV SAJEEV KUMAR K.GOPAL (S-67)-21723
RESPONDENTS/RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. FAIZAL M.U.,
S/O.UMMERKUTTY, AGED 37 YEARS,
RESIDING AT MECHERIMADOM HOUSE, (IYSHA MANZIL),
KAVUMKARA KARA, MARKET P.O., MUVATTUPUZHA,
MANAGING PARTNER,
M/S.K.K.ANTHRU FASHION JEWELLERY, KACHERITHAZHAM,
MUVATTUPUZHA P.O., ERNAKULAM DISTRICT, PIN - 686 661.
BY ADV. PP SRI.M.R DHANIL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.M.C.No.2616 OF 2021
2
JUDGMENT
Dated this the 24th day of May 2021
The petitioner is the appellant in Crl. Appeal No.112
of 2021 in which he challenged the conviction and
sentence imposed on him, in a proceeding under
Section 138 of the Negotiable Instruments Act. The
court below in Crl.M.P. No.654 of 2021 suspended the
sentence on condition that he shall execute a bond for a
sum of Rs.3,00,000/- (Rupees Three lakhs only) with
two solvent sureties and on a further condition that the
petitioner shall submit a sum of Rs.3,00,000/- (Rupees
Three lakhs only) before the court below within two
months from that date.
2. The grievance of the petitioner is confined to
the direction to deposit a sum of Rs.3,00,000/- (Rupees
Three lakhs only) before the court below.
3. Though the learned Counsel for the petitioner
assailed the order on various legal grounds, I do not
find any illegality or infirmity in the order passed by the
CRL.M.C.No.2616 OF 2021
court below. However, considering the fact that the
order is passed in the first appeal and also that the
petitioner has raised some contention on the
competence of the complainant and also considering the
existing pandemic situation, I am inclined to grant some
breathing time to the petitioner with a direction to
deposit a sum of Rs.1,00,000/- (Rupees One lakh only)
to modify the impugned order.
4. In modification of the impugned order, the
second part of the order directing the petitioner to
deposit Rs.3,00,000/- (Rupees Three lakhs only) will
stand modified as permitting the petitioner to deposit a
sum of Rs.1,00,000/- (Rupees One lakh only) within a
period of two months from today and also to offer
immovable property as security either belonging to him
or belonging to any other persons related to him
provided that, the third party shall file an affidavit
offering the property as security. The court below shall
pass an order of security on the said property and the
charge shall be communicated to the Sub Registrars
CRL.M.C.No.2616 OF 2021
office. The deposit of the cash as well as the offering of
the property security of Rs.2,00,000/- (Rupees Two
lakhs only) shall be done within a period of two months
from today.
The Crl.M.C. is disposed of accordingly.
Sd/-
SUNIL THOMAS
JUDGE
SKP/25-5
CRL.M.C.No.2616 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE 1 TTRUE COPY OF THE COMPLAINT FILED BY THE
2ND RESPONDENT BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, MUVATTUPUZHA IN
S.T.NO.1431/2014.
ANNEXURE 1A TRUE COPY OF THE MEMORANDUM OF APPEAL
SUBMITTED BY THE PETITIONER.
ANNEXURE 2 TRUE COPY OF THE MEMORANDUM OF APPEAL
SUBMITTED BY THE PETITIONER.
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 24/03/2021 IN
CRL.M.P.NO.654 OF 2021 IN CRL.APPEAL 112 OF
2021 PASSED BY THE FIRST ADDITIONAL
SESSIONS COURT, ERNAKULAM.
RESPONDENT'S EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
