Kerala High Court
K.H.Latheef vs State Of Kerala on 15 December, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
CRL.MC NO. 10906 OF 2023
PETITIONER:
K.H.LATHEEF
AGED 59 YEARS
S/O.HASSAINAR, HOUSE NO.3/59,
FORT KOCHI, KOCHI, PIN - 682001
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI.M.P.PRASANTH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 15.12.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CrlM.C..No.10906/2023
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.10906 of 2023
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Dated this the 15th day of December, 2023
ORDER
This Criminal Miscellaneous Case is filed with following
prayers:
To direct the Learned Additional Chief Judicial
Magistrate's (Economic Offences) Court, Ernakulam
to permit the petitioner to deposit the
fine/compensation imposed as per Annexure-A3
judgment of this Honourable Court without insisting
to produce order extending the time granted as
Annexure A3 judgment of this Hon'ble Court, so as to
secure the ends of justice.
2. The petitioner was convicted and sentenced by the
trial court as per Annexure-A1, in a proceedings under Section
138 of the Negotiable Instruments Act. The conviction was
confirmed and the sentence was modified by the Additional
Sessions Court (Adhoc-I), Ernakulam as per Annexure-A2
order. The petitioner filed a revision before this Court. As per
Annexure-A3 order, the sentence was modified to pay a fine of
Rs.1,41,000/-, after confirming the conviction. This Court
granted ten months time to pay the fine amount. It is an
admitted fact that the petitioner was not able to pay the fine
amount within time. Now the petitioner want to pay the fine
amount. But the learned Magistrate is not accepting the same
saying that the time fixed by this Court is over. Hence this
criminal miscellaneous case.
3. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
4. In the light of the principle laid down by this Court
in Subhash Sait v. Sree Gokulam Chits and Finance,
Palakkad and Another [2015 (4) KHC 741] and
K.G.Girish Kumar v. Muthoot Capital Service Pvt. Ltd.
[2006 KHC 1711], I think the stand taken by the Magistrate
is not correct. It will be better to extract the relevant portion
of the judgment in Subhash Sait's case (supra) :
"13. It is noticed that numerous applications are
being filed before the High Court and the Sessions
Court for enlargement of time for the deposit of fine
as the Trial Courts refuse to accept the fine /
compensation after the period stipulated by the
superior Courts, even after the decision of this Court
in Gireesh v. Muthuoot Capital (supra). It is to be
remembered that the default sentence is not
punitive, but is only a measure to enforce payment
of fine / compensation ordered by the Court. I make
it clear that it is illegal, incorrect and unjust to
refuse to permit the convict to deposit the fine
amount after the date stipulated by the High Court /
Sessions Court on the mere reason that no direction
for extension has been granted by the High Court /
Sessions Court."
In the light of the principle, I think the lower court is
bound to accept the fine amount even if the time fixed by this
Court in Annexure-A3 is over. Therefore, the petitioner is free
to deposit the fine amount as ordered in Annexure-A3 order
and if the amount is offered, the jurisdictional court will
accept the same and close the file.
With the above observation, this criminal miscellaneous
case is disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF CRL.MC 10906/2023
PETITIONER ANNEXURES
Annexure-A1 THE TRUE COPY OF THE JUDGMENT DATED
6/11/2010 IN C.C.NO.406/2004 ON THE
FILES OF THE LEARNED ADDITIONAL CHIEF
JUDICIAL MAGISTRATE'S (ECONOMIC
OFFENCES) COURT; ERNAKULAM
Annexure-A2 THE CERTIFIED COPY OF THE JUDGMENT
DATED 29/7/2011 IN CRL.A.NO.709/2010
ON THE FILES OF THE LEARNED ADDITIONAL
SESSION'S COURT (ADHOC-I) ERNAKULAM
Annexure-A3 THE TRUE COPY OF THE JUDGMENT DATED
21/1/2021 IN CRL.R.P.NO.1284/2012 ON
THE FILES OF THIS HONOURABLE COURT
