P.K.Sangameswaran vs State Of Kerala
2023 Latest Caselaw 8510 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                   CRL.MC NO. 5060 OF 2023
     AGAINST THE ORDER IN CRL.M.P.NO.2446/2023 IN CRL.A
  NO.129/2023 OF DISTRICT COURT & SESSIONS COURT, THRISSUR

PETITIONER/APPELLANT :-

           P.K.SANGAMESWARAN, AGED 57 YEARS
           S/O P.N.KRISHNA IYER, SAFFAIR APARTMENT,
           5353 SHOBA CITY P.O., PUZHAKKAL,
           THRISSUR, PIN - 680553

           BY ADV JERRY MATHEW

RESPONDENTS/STATE AND COMPLAINANT :-

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,|
           HIGH COURT OF KERALA, PIN - 682031

    2      MAYA T A, AGED 42 YEARS
           D/O THEKKE ADIYATHIL M C S MENON, PARAKKOT
           LANE,PATTURAIKKAL DESAM, THRISSUR, PIN - 680020



           SRI. VIPIN NARAYAN, SR. PP


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 5060 OF 2023

                                      2


                                   ORDER

The petitioner herein is the accused in S.T.No.242 of 2017 on the file

of the Judicial Magistrate of First Class-IV, Thrissur. The aforesaid

complaint was lodged by the second respondent under Section 138 of the

Negotiable Instruments Act. After trial, the petitioner was found guilty and

he was convicted and sentenced under Section 255 (2) of the Code to pay

a fine of Rs.2,50,000/- for the offence punishable under Section 138 of the

NI Act. The fine if paid or recovered, was ordered to be paid to the

complainant as compensation under Section 357(1)(b) of the Code. In

default, the accused was ordered to undergo SI for three months.

2. Challenging the judgment conviction and sentence, an appeal

was preferred before the Court of Sessions. The learned Sessions Judge,

by an interim order dated 05.06.2023 suspended the sentence on

execution of bond for a sum of Rs. 50,000/- with two solvent sureties and

on depositing 20% of the fine amount ordered by the trial court. The said

order is under challenge.

3. The learned counsel appearing for the petitioner submitted

that the petitioner is financially in dire straits. He points out that, he has

approached the Civil Court and has filed a petition by invoking the

provisions of the Insolvency Act, and the said matter is pending.

According to the learned counsel, 20% of Rs.2,50,000/- would come to the CRL.MC NO. 5060 OF 2023

tune of Rs.50,000/- and his request is to grant the petitioner a time frame

of two months to pay the amount is ordered.

4. The learned Public Prosecutor opposed submissions. It is

submitted that as per the statutory mandate, the amount is to be

deposited within a period of 60 days.

5. Having considered the submissions and taking note of the fact

that the limited request is for grant of time to remit the amount as

ordered, I am of the view that necessary directions can be issued.

The time granted by the learned Sessions Judge to deposit 20%

of the fine amount before the trial court shall stand extended till 2.9.2023.

No further extension shall be granted.

This petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

SMA CRL.MC NO. 5060 OF 2023

APPENDIX OF CRL.MC 5060/2023

PETITIONER ANNEXURES :-

Annexure 1 THE CERTIFIED COPY OF THE ORDER IN CRL. M.P 2446/2023 IN CRL.A 129/2023 DATED 05.06.2023

Annexure2 THE COPY OF THE PETITION OF IP 12/2015 DATED 26.11.2015