Kerala High Court
Ramachandran vs V.K.Nazeer on 24 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
CRL.M.APPL.NO.7/2021 IN CRL.REV.PET NO. 260 OF 2021
CC 6133/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-V,ERNAKULAM
CRA 87/2016 OF ADDITIONAL SESSIONS COURT - VIII, ERNAKULAM
PETITIONER/REVISION PETITIONER/APPELLANT/ACCUSED:
RAMACHANDRAN,AGED 51 YEARS,S/O. A.G. AYYAPPAN, RESIDING AT
AZHATTUZHY HOUSE, KIZHAKKAMBALAM P.O, PAZHANGANAD, PIN - 683562.
RESPONDENT/RESPONDENT/RESPONDENT:
1. V.K.NAZEER,AGED 48 YEARS,S/O.V.K. ABDUL KAREEM, VATHUKKAL PARAMBIL,
KAKKANAD P.O, NEAR K.W.A WATER TANK,ERNAKULAM-682030.
2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to grant two weeks time for petitioner to execute
bond in compliance with the order of this Hon'ble Court.
This Application again coming on for orders upon perusing the
application and this Court's order dated 04.05.2021 in Crl.M.A 6/2021 and
order dated 30.3.2021 in Crl.M.A 1/2021, and upon hearing the arguments of
V.JOHN SEBASTIAN RALPH, SRI.B.DEEPAK, SHRI.VISHNU CHANDRAN, SHRI. RALPH
RETI JOHN, SHRI.APPU BABU, SMT.SHIFNA MUHAMMED SHUKKUR, Advocates for the
petitioners and of SHRI.GEORGE SEBASTIAN Advocates for the 1st
respondent,PUBLIC PROSECUTOR for the 2nd respondent, the court passed the
following:
ANNEXURE A1 TRUE COPY OF THE ORDER DATED 30.03.2021 IN CRLMA
NO.1/2021 IN CRLRP NO.260/2021 OF THIS HON'BLE COURT
MARY JOSEPH, J.
=============================
Crl.M.A No.7 of 2021
in
Crl.R.P No.260 of 2021
=============================
Dated this the 24th day of November, 2021
ORDER
The petitioner herein was convicted under Section 138 of the
Negotiable Instruments Act and was sentenced to undergo simple
imprisonment till the rising of the court and to pay a fine of
Rs.11,15,000/- and to undergo simple imprisonment for three months, in
case of default of payment of fine. The fine amount on realization was
also directed to be paid to the complainant as compensation.
2. This Court was pleased to suspend the execution of the
sentence in the revision filed as Crl.R.P No.260 of 2020 challenging
the above judgment, true copy of which order is produced along with this
as Annexure A1. As directed by this Court, the petitioner has remitted
15% of the fine amount and the receipt evidencing the payment is also
produced. The grievance of the petitioner now was that he being abroad,
the bond directed by the court could not be executed and needs some
more time.
Crl.M.A No.7 of 2021
in
3. In the prevalent Covid-19 infection scenario, travel
restrictions are there and therefore, this Court is inclined to grant some
time.
Petition is allowed and two weeks time from this day is granted to
execute the bond as directed by order dated 30.03.2021. No further
extension of time will be granted in the matter.
Sd/-
MARY JOSEPH,
JUDGE
amk
24-11-2021 /True Copy/ Assistant Registrar
