Kerala High Court
Jihans vs M Muhammed Shaffi on 26 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
CRL.MC NO. 5563 OF 2022
AGAINST THE ORDER DATED 06.06.2022 IN CRL.MP NO.1301/2022 IN
CRL.APPEAL NO.86/2022 PENDING BEFORE ADDITIONAL SESSIONS COURT-II,
THIRUVANANTHAPURAM
PETITIONER/APPELLANT/ACCUSED:-
JIHANS. Y,
AGED 37 YEARS,
S/O YEHIYA ,MAIDEEN KUNJU,PROPRIETOR,
ORISSION EXPORTS AND IMPORTS,
THOTTINKARA HOUSE, SIVANMUKKU, VENKOLLA,
MADATHARA , THIRUVANANTHAPURAM, PIN - 691541
BY ADV SRI.M.R.SASITH
RESPONDENTS/RESPONDENTS/COMPLAINANTS:
1 M MUHAMMED SHAFFI,
AGED 40 YEARS,
S/O MOITHEEN KUNJU, FAIZAL MANZIL,
MANKUZHY, PANGAPPARA POST, THIRUVANANTHAPURAM,
PIN - 695581
2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
R2 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5563 of 2022
2
ORDER
Dated this the 26th day of August, 2022
This petition is filed under Section 482 of the Code of
Criminal Procedure, 1973 (for short 'the Cr.P.C.') seeking to set
aside an order passed by Additional Court of Sessions-II,
Thiruvananthapuram (for short 'the appellate court') in
Crl.M.P.No.1301/2022 in Criminal Appeal No.86/2022.
2. Petitioner was found guilty and stands convicted and
sentenced by judgment passed by Judicial First Class Magistrate
Court- I, Thiruvananthapuram (for short 'the trial court') in CC
No.1048/2015 which is a prosecution under Section 138 of the
Negotiable Instruments Act, 1881 (for short 'the N.I.Act'). The
judgment when assailed before the appellate court and while
suspending the execution of sentence, the said court has
directed the petitioner to execute a bond for Rs.50,000/- with
two solvent sureties each for the likesum to the satisfaction of
the trial court and also to deposit 20% of the fine amount before
the court within 60 days. The order was passed on 06.06.2022.
Crl.M.C.No.5563 of 2022
3. This Court finds no reason to set aside the order since
it is valid and legal. However, the learned counsel for the
petitioner seeks for time for depositing 20% of the fine amount
contending that under Section 148 of the N.I.Act the appellate
court is empowered to grant 60 days time primarily and then,
30 days on sufficient cause being shown. According to him 80
days is already over and therefore he is entitled to get 10 days
more.
In the above context, petition is allowed in part. Time for
making payment is extended for ten days more. Petitioner shall
execute the bond as directed by the impugned order and also
deposit the amount within the ten days' now stands extended.
The trial court shall permit the petitioner to execute the bond
and also to receive 20% of the fine amount if tendered by the
petitioner on or before the expiry of ten days commencing from
today.
Sd/-
MARY JOSEPH
JUDGE
MJL
Crl.M.C.No.5563 of 2022
APPENDIX OF CRL.MC 5563/2022
PETITIONER'S ANNEXURES:
ANNEXURE A1 A TRUE COPY OF THE JUDGMENT DATED
06/05/2022 IN C.C.1048/2015
ANNEXURE A2 A TRUE COPY OF THE ORDER IN CRIMINAL M.P
NO.1301/2022 IN CRL APPEAL NO.86/2022
DATED 06/06/2022, ADDITIONAL SESSIONS
COURT NO II , THIRUVANANTHAPURAM
ANNEXURE A3 TRUE COPY OF ORDER IN CRL.MC
NO.7515/2019 OF HIGH COURT OF KERALA
RESPONDENTS' ANNEXURES: NIL
// TRUE COPY//
P A TO JUDGE
