Sanal Kumar vs M.K. Subramanian
2021 Latest Caselaw 18275 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MRS. JUSTICE MARY JOSEPH
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                     CRL.MC NO. 4043 OF 2021
   IN CRIMINAL MISCELLANEOUS PETITION NO.924/2021 IN CRL.APPEAL
 NO.41/2021 OF ON THE FILES OF SESSIONS JUDGE, COURT OF SESSION,
                                PALAKKAD


PETITIONER/APPELLANT/ACCUSED:

          SANAL KUMAR,
          AGED 42 YEARS,
          S/O ANANDHARAJAN, 'NARAYANEEYAM', (POST) MARUTHUR,
          PATTAMBI(VIA),
          PALAKKAD DISTRICT, PIN-679 306.
          BY ADV SRI.P.K.MOHANAN(PALAKKAD)


RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:

    1     M.K. SUBRAMANIAN,
          AGED 65 YEARS,
          S/O KARUPPANNAN, MUTHALIYAR STREET,
          MALLISSERY PARAMBU, SHORNUR DESOM,
          MUNDAMUKA AMSOM (POST)SHORNUR, OTTAPALAM TALUK,
          PALAKKAD DISTRICT, PIN-679 121.
    2     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM, PIN-682031.



          R2 BY SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.4043 of 2021

                                      2




                                   ORDER

Dated this the 07th day of September, 2021

This petition is filed challenging an order passed by Court

of Sessions, Palakkad in Criminal Miscellaneous Petition

No.924/2021 filed in Criminal Appeal No.41/2021. It was an

order passed in an application seeking to suspend the sentence

imposed by the judgment under challenge in the aforesaid

appeal.

The order reads:

"Sentence is suspended on executing bond for Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties each for the like sum to the satisfaction of the trial court and on deposit of 20% of the cheque amount ie. Rs.3,17,000/- (Rupees Three Lakhs Seventeen Thousand only) within two months from this day."

2. 20% of the cheque amount was directed to be

deposited within two months from 17.03.2021 while ordering

suspension of the sentence. Apart from that execution of a Crl.M.C.No.4043 of 2021

bond for Rs.1,00,000/- with two solvent sureties each for the

like sum to the satisfaction of the trial court was also ordered.

Thereafter, the petitioner has moved another application as

Crl.M.P.No.1637/2021 in Crl.Appeal No.41/2021 seeking for

extension of time before the III Additional District Court,

Palakkad. The said court has passed an order on 06.07.2021

enlarging the time period for depositing 20% of the fine amount

till 06.09.2021 from 06.07.2021. Now the prayer of the

petitioner is that 20% of the cheque amount was ordered to be

deposited and in view of the Covid 19 pandemic, the amount

may be reduced.

3. According to him, he has already made a substantial

payment of Rs.7,50,000/- while the case was pending before

the trial court. According to him a mediation took place and on

that basis Rs.7,50,000/- was deposited. But it is pertinent to

note that the mediation was held in the Original Suit filed

seeking realisation of money on the basis of the disputed

cheque and deposit of Rs.7,50,000/- was made therein. Crl.M.C.No.4043 of 2021

Section 148 of the Negotiable Instruments Act, 1881 (for short

'NI Act') mandates the appellate court while suspending the

sentence to direct the petitioner to pay 20% of the fine amount.

Section 148 NI Act further provides that 60 days' time can be

granted initially for making the deposit and 30 days' more time

can be granted at the discretion of the court on being convinced

of sufficiency of reasons shown in an application filed by the

party seeking extension of time. It is pertinent to note that,

the court has initially granted 60 days' time for depositing 20%

of the fine amount. Thereafter 60 days' more was granted on

an application filed for the purpose.

4. The N.I. Act bars further enlargement of time for

making the payment. It is statutory to make 20% of the fine

amount for getting the sentence suspended. Therefore this

Court is declined to interfere with the impugned order on the

grounds projected by the petitioner.

5. Since the petitioner failed to comply with the

direction imposed in the order under challenge, the effect is Crl.M.C.No.4043 of 2021

that the execution of the sentence will stand in force. In that

event, the III Additional Sessions Court, Palakkad shall see that

Crl. Appeal No.41/2021 is disposed of at the earliest possible

time, to its convenience.

With the above direction the Crl.M.C is disposed of.

Sd/-

MARY JOSEPH JUDGE

NAB Crl.M.C.No.4043 of 2021

APPENDIX OF CRL.MC 4043/2021

PETITIONER'S ANNEXURES:

ANNEXURE 1 TRUE COPY OF THE ORDER DATED 17.03.2021 IN CRL.M.P.NO.924/2021 IN CRIMINAL APPEAL NO.41/2021 ON THE FILES OF THE SESSIONS JUDGE, COURT OF SESSION, PALAKKAD DIVISION.

ANNEXURE 2 TRUE COPY OF THE ORDER DATED 06.07.2021 IN CRIMINAL MISCELLANEOUS PETITION NO.1637/2021 IN CRL.A.NO.41/2021 ON THE FILES OF ADDITIONAL DISTRICT AND SESSIONS JUDGE NO.III.

ANNEXURE 3 TRUE COPY OF THE JUDGMENT DATED 26.02.2021 IN S.T.CASE NO.91/2018 ON THE FILES OF JFCM-II, OTTAPALAM.

ANNEXURE 4 TRUE COPY OF THE PRIVATE COMPLAINT S.T.91/2018 ON THE FILES OF JFCM-II, OTTAPALAM.

ANNEXURE 5 TRUE COPY OF THE PLAINT DATED 23.08.2016 IN O.S.NO.69/2016 ON THE FILES OF SUBORDINATE COURT, OTTAPALAM. ANNEXURE 6 TRUE COPY OF THE MEDIATION AGREEMENT DATED 25.11.2017 SIGNED AT THE MEDIATION CENTRE, OTTAPALAM.

ANNEXURE 7 TRUE COPY OF THE I.A.51/2018 DATED 08.01.2018 IN O.S.69/2016 ON THE FILES OF SUBORDINATE COURT, OTTAPALAM.

ANNEXURE 8 TRUE COPY OF THE DEPOSITION OF THE 1ST RESPONDENT/COMPLAINANT IN S.T.91/2018 ON THE FILES OF JFCM-II, OTTAPALAM.

RESPONDENTS' ANNEXURES: NIL

//TRUE COPY//

P A TO JUDGE