Kerala High Court
Ajith Kumar.K vs State Of Kerala on 4 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
CRL.MC NO. 1422 OF 2022
AGAINST THE JUDGMENT IN ST NO.14/2018 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT - II, ETTUMANOOR
CRL.M.P.NO. 242/2022 IN CRL.A.NO.114/2021 OF COURT OF SESSIONS,
KOTTAYAM
PETITIONER/PETITIONER/APPELLANT/ACCUSED:
AJITHKUMAR.K.
AGED 51 YEARS,
S/O.KRISHNA PAI, RADHAKRISHNA NIVAS,
VAIKOM.P.O, VAIKOM,
KOTTAYAM DISTRICT, PIN-686141.
BY ADVS.SRI.SAYED MANSOOR BAFAKHY THANGAL
SMT.A.P.LALY @ LALY VINCENT
RESPONDENTS/RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -682031
2 K.P.SANTHOSH,
AGED 51 YEARS,
S/O.VASU, THENNAMPLACKAL HOUSE,
PUNNATHURA WEST.P.O., ETTUMANOOR VILLAGE,
KOTTAYAM DISTRICT, PIN-686631.
R1 BY PUBLIC PROSECUTOR SRI ARAVIND V MATHEW
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1422 of 2022
2
ORDER
Dated this the 4th day of March, 2022
This petition is filed under Section 482 of the Code of
Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking for
enlargement of time for paying 20% of the fine amount,
directed by the judgment passed against the petitioner in a
prosecution under Section 138 of the Negotiable Instruments
Act, 1881 (for short 'N.I.Act'). Originally Court of Sessions,
Kottayam while admitting Criminal Appeal No.114/2021 has
granted two months' time for depositing 20% of the fine amount
as directed by the trial court. Thereafter, by order passed in
Crl.M.P.No.242/2022 Court of Sessions, Kottayam has enlarged
the time from 08.02.2022 till 28.02.2022. The grievance of the
petitioner was that since he is suffering from some serious
ailments, he could not arrange the fund to deposit before the
trial court prior to 28.02.2022. According to the learned
counsel, if some more time is granted, he could deposit the
amount and for the purpose, the petition on hand is filed.
Crl.M.C.No.1422 of 2022
2. Section 148 N.I. Act permits only 90 days' time in total
for deposit of the fine amount, sixty days initially and thirty
days on sufficient cause being shown. In the case on hand,
ninety days period is already over. The Full Bench in
consideration of the pandemic scenario has extended the
limitation period prescribed in all existing orders upto
16.03.2022.
In the result, petition is allowed and time for payment is
extended till 16.03.2022 for enabling the petitioner to deposit
20% of the fine amount before the trial court. No further
extension of time will be granted in this regard.
Sd/-
MARY JOSEPH
JUDGE
MJL
Crl.M.C.No.1422 of 2022
APPENDIX OF CRL.MC 1422/2022
PETITIONER'S ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE JUDGMENT IN S.T.NO. 14
OF 2018 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, ETTUMANOOR DATED
25.10.2021
ANNEXURE 2 TRUE COPY OF THE CRIMINAL APPEAL NO. 114
OF 2021 OF THE SESSIONS COURT, KOTTAYAM
ANNEXURE 3 TRUE COPY OF THE ORDER IN CRL.M.P.NO.
242 OF 2022 IN CRL. APPEAL NO. 114 OF
2021 ON THE FILE OF THE SESSIONS COURT,
KOTTAYAM DATED 08.02.2022
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P A TO JUDGE
