Iyyathutty vs State Of Kerala
2022 Latest Caselaw 5662 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
            Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
            CRL.M.APPL.NO.1/2022 IN CRL.REV.PET NO. 3735 OF 2008
           CRA 535/2006 OF ADDITIONAL SESSIONS COURT I, PALAKKAD
        ST 553/2000 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI
PETITIONER/PETITIONER

     N.IYYATHUTTY,D/O ANIKUTTY HAJI, KALATHILTHODI VEEDU, VALIYAKUNNU,
     VALANCHERRY.

RESPONDENTS/RESPONDENTS

  1. STATE OF KERALA PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
  2. RAMACHANDRAN, NADAKKAVI VEEDU ,NADUVATTOM AMSOM, OTTAPALAM TALUK.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
period of remitting the fine amount of Rs.45,000/- as ordered in Criminal
Revision Petition No.3735 of 2008, for a further period of 153 months and
permit the petitioner to pay the fine amount of Rs.45000/- within the said
period.
     This Application again coming on for orders upon perusing the
application and the affidavit filed in support thereof and this Court's
final order dated 18/11/2008 in Crl.R.P.3735/2008 and upon hearing the
arguments of M/s.P.CHANDRASEKHARAN, K.K.MOHAMED RAVUF, SATHEESH V.T. &
MANJARI G.B., Advocates for the petitioner and of PUBLIC PROSECUTORm for
the 1st respondent and of SRI.P.K.MOHANAN (PALAKKAD), Advocate for the
2nd respondent, the Court passed the following:
                     ZIYAD RAHMAN A.A, J.
                  -----------------------
                   Crl.M.A.No. 1 of 2022
                            in
                  Crl.R.P.No.3735 of 2008
                 ------------------------
           Dated this the 27th day of May, 2022

                                 O R D E R

This Crl.M.A. is filed by the petitioner for

extending the period of payment of fine of

Rs.45,000/- which was imposed by this Court as per

judgment dated 18.11.2008 while confirming the

conviction and sentence imposed upon him by the

trial court. The petitioner was prosecuted for the

offence under Section 138 of the Negotiable

Instruments Act and he was found guilty and thereby

sentenced to undergo simple imprisonment for two

months and to pay a fine of Rs.40,000/-. Even

though an appeal was filed before the First

Additional Sessions Court, Palakkad that was also

rejected and therefore the above Crl.R.P. was

happened to be filed. As per judgment dated

18.11.2008, the same was disposed of modifying the Crl.MA.No.1/22 in

sentence, by directing to undergo imprisonment till

rising of the court and also to pay an amount of

Rs.45,000/- within six months. This petition is filed

in such circumstances, as he could not make the

deposit as ordered.

2. In support of the prayer sought for, the

petitioner has stated in the affidavit that he was

bedridden during the relevant period and therefore he

could not raise sufficient funds to deposit the said

amount. Annexure-A1 and Annexure A2 medical records

were also relied on.

3. Even though notice was served upon the 2nd

respondent, there is no appearance for him.

Considering the facts and circumstances of the

case, I am of the view that, some indulgence can be

shown. Accordingly time for depositing the fine

amount shall stand extended upto 15.06.2022.

Sd/-

ZIYAD RAHMAN A.A., JUDGE

pkk

27-05-2022 /True Copy/ Assistant Registrar