Kerala High Court
Gireesan vs State Of Kerala on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 696 OF 2022
CRA 19/2022 OF SESSIONS COURT, THIRUVANANTHAPURAM
CC 1336/2018 OF TEMPORARY SPECIAL COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS
FOR TRIAL OF CASES U/S.138 NI ACT, THIRUVANANTHAPURAM
PETITIONER/REVISION PETITIONER:
GIREESAN, AGED 55 YEARS, S/O GOPI, AGRA-18, AZHANGAL GARDENS,
KARUMOM, KAIMANAM P.O., THIRUVANANTHAPURAM - 695040.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM - 682031.
2. V.KRISHNAKUMAR, AGED 54 YEARS, S/O VELAYUDHAN PILLAI, KAITHARAM,
MANNAM NAGAR, PAZHATTUVILA VIA, BALARAMAPURAM, THIRUVANANTHAPURAM -
695501.
Application praying that in the circumstances stated therein the
High Court be pleased to extend the time for execution of sentence and to
pay the compensation amount by 2 months or such other period as this
Honourable Court may deem reasonable to be granted, in the interest of
justice.
This application coming on for orders upon perusing the application
and this court's final order dated 17.11.2022 in Crl RP 696/2022 and upon
hearing the arguments of M/S.AYYAPPAN SANKAR & S.HRIDYA, Advocates for the
petitioner and of PUBLIC PROSECUTOR for the first respondent, the Court
passed the following:
A. BADHARUDEEN J.
=====================
Crl.M.A. No. 1 of 2023 in
Crl.R.P. No. 696 of 2022
========================
Dated this the 12th day of April, 2023
ORDER
This is a petition filed by the revision petitioner seeking two months'
time to pay compensation as directed by this Court as per order in
Crl.R.P.No.696/2023 dated 17.11.2022.
2. It is submitted by the learned counsel for the petitioner that the
petitioner could not raise the amount as directed by this Court within
17.03.2023. The petitioner had taken all earnest efforts to comply the
directions of this Court. Unfortunately, the petitioner could not raise the
amount because his business has totally broken down as a result of Covid
situation and its aftermath. Therefore, the petitioner seeks extension of
BA No. 1452 of 2023
time by two months from 17.03.2023 to clear the amount as directed by
this Court, as per judgment dated 17.11.2022.
3. In this matter, when considering Crl.R.P. No.696/2022
involving cheque amount of Rs.25,00,000/-, in relation to a transaction
during the year 2016, this Court while dismissing the revision, on the
finding that the same lacks merits, granted two months' time to effect
the payment.
4. In fact, the period of extension sought for also expired on
17.03.2023.
5. In so far as a Criminal Revision Petition is concerned, this
Court has become functus officio, after pronouncing the final order. That
apart, the time sought for, cannot be granted since the petitioner has
been delaying payment of the cheque amount for the last above 7 years.
6. Therefore, this time extension petition lacks merits and, is
accordingly dismissed.
However, dismissal of this petition shall not be a bar for the
petitioner to approach Judicial Magistrate of First Class-,
Thiruvananthapuram with the amount of fine/compensation and to
BA No. 1452 of 2023
undergo the substantive sentence within a period of 10 days. On such
appearance, the learned Magistrate shall consider the same and execute
the sentence accordingly.
It is specifically made clear that otherwise, the order of sentence shall
be executed without fail.
Sd/-
A. BADHARUDEEN
JUDGE
RMV
12-04-2023 /True Copy/ Assistant Registrar
