Sreekumar N vs State Of Kerala
2021 Latest Caselaw 12557 Ker

Crl.M.C.2630/2021
                                          1



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                    THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     WEDNESDAY, THE 26TH DAY OF MAY 2021 / 5TH JYAISHTA, 1943
                            CRL.MC NO. 2630 OF 2021
    AGAINST THE ORDER/JUDGEMENT IN CRA 34/2021 OF ADDITIONAL
           DISTRICT COURT & SESSIONS COURT - II, ALAPPUZHA


PETITIONER/ACCUSED:

               SREEKUMAR N., AGED 45 YEARS
0




               S/O.NAGAPPAN NAIR, THEKKEPARAMBIL HOUSE,
               KOTAMKULANGARA, ALAPPUZHA

               BY ADV B.PRAMOD (P-377)-19403



RESPONDENTS/COMPLAINANT:

1              STATE OF KERALA
               REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM-682031

2              P.S.DEVARAJAN, AGED 55 YEARS, S/O.MANI,
               PUTHENPARAMBIL HOUSE, SEA VIEW WARD, ALAPPUZHA-688
               001




OTHER PRESENT:

               PP SRI.M.R DHANIL



THIS    CRIMINAL        MISC.   CASE   HAVING    COME   UP   FOR   ADMISSION   ON
26.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.2630/2021
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                               JUDGMENT

Petitioner herein stands convicted for offence punishable under

Sec.138 of the Negotiable Instruments Act in S.T.No.101 of 2019 of

the Judicial First Class Magistrate Court-IV, Alappuzha. The

conviction was challenged by him in Crl.Appeal.No.34 of 2021. Court

below, by order in Crl.M.P.No.529 of 2021, suspended the sentence

on condition that the petitioner shall deposit a sum of Rs.66,000/-

within 30 days. Petitioner could not remit the amount within the

above time. Hence, the court below on an application by the

petitioner had extended the time. By Annexure-A5, it was clarified

that, no further extension would be granted.

2. Contending that, due to the existing pandemic, petitioner

was not able to raise the money, he has approached this Court

challenging the order. I find no illegality in the order passed by the

court below. However, considering the financial difficulty stated by

the learned counsel for the petitioner, I am inclined to grant two

months time from today to comply with the order of the court below

in Crl.M.P.No.529 of 2021. During the above period, no further

coercive steps shall be taken against the petitioner in connection

with the present case.

Crl.M.C.2630/2021

Crl.M.C is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ Crl.M.C.2630/2021

APPENDIX ANNEXURE I TRUE COPY OF THE MEMORANDUM OF APPEAL IN CRL.APPEAL.NO.34/2021 OF THE SESSIONS COURT, ALAPPUZHA

ANNEXURE II TRUE COPY OF THE CRL.M.P.NO.529/2021 IN CRL.APPEAL.NO.34/2021 OF THE SESSIONS COURT, ALAPPUZHA

ANNEXURE III TRUE COPY OF THE ORDER DTD 05.03.2021 IN CRL.M.P.NO.529/2021 IN CRL.APPEAL.NO.34/2021 OF THE SESSIONS COURT, ALAPPUZHA

ANNEXURE IV TRUE COPY OF THE CRL.M.P.NO.808/2021 IN CRL.M.P.NO.529/2021 IN CRL.APPEAL.NO.34/2021 OF THE SESSIONS COURT, ALAPPUZHA

ANNEXURE V TRUE COPY OF THE ORDER DTD 07.04.2021 IN CRL.M.P.NO.808/2021 IN CRL.M.P.NO.529/2021 IN CRL.APPEAL.NO.34/2021 OF THE SESSIONS COURT, ALAPPUZHA

ANNEXURE VI TRUE COPY OF THE CRL.M.P.NO.1038/2021 IN CRL.M.P.NO.808/2021 IN CRL.M.P.NO.529/2021 IN CRL.APPEAL.NO.34/2021 OF THE ADDL. SESSIONS COURT-II (VACATION JUDGE), ALAPPUZHA

ANNEXURE VII CERTIFIED COPY OF THE ORDER DTD 03.05.2021 IN CRL.M.P.NO.1038/2021 IN CRL.M.P.NO.808/2021 IN CRL.M.P.NO.529/2021 IN CRL.APPEAL.NO.34/2021 OF THE ADDL. SESSIONS COURT-II (VACATION JUDGE), ALAPPUZHA