Kerala High Court
Jooly Jose vs M/S. Sakthan Kuries & Loans (P) Ltd on 21 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
THURSDAY,THE 21ST DAY OF DECEMBER 2023/ 30TH AGRAHAYANA, 1945
CRL.MC NO. 11112 OF 2023
CC 5025/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
THRISSUR
CRA 237/2023 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
PETITIONER/PETITIONER/APPELLANT/ACCUSED:
JOOLY JOSE
AGED 53 YEARS
W/O. K.F JOSE, KUTHOOR HOUSE,
MATTAM DESOM, AALOOR VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT, PIN - 680602
BY ADV MAHESH V.MENON
RESPONDENTS/RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:
1 M/S. SAKTHAN KURIES & LOANS (P) LTD
PALLIKULAM ROAD, THRISSUR REPRESENTED BY ITS
LITIGATION CLERK, SUNNY JOHNSON, S/O. MULLAKKARA
JOHNY, PUTHUKKAD DESOM, THORAVU VILLAGE,
MUKUNDAPURAM TALUK,THRISSUR DISTRICT, PIN - 680001
2 STATE OF KERALA
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, COCHIN, PIN - 682031
OTHER PRESENT:
SMT SREEJA V, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.12.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CrlM.C..No.11112/2023
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.11112 of 2023
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Dated this the 21st day of December, 2023
ORDER
This Criminal Miscellaneous Case is filed with following
prayers:
to quash Annexure A4 order dated 30.09.2023 in
Crl.MP No.4786/2023 in Crl. Appeal No. 237/2023 of
Sessions Court, Thrissur, to the extent to which
directing the petitioner to deposit 20% of the fine
imposed by the trial court.
2. Petitioner is aggrieved by the condition imposed by
the Sessions Court, Thrissur, while suspending the sentence as
per order dated 30.09.2023 in Crl.M.P. No.4786/2023 in Crl.A.
No.237/2023. The petitioner was convicted and sentenced by
the Judicial First Class Magistrate Court-II, Thrissur under
Section 138 of the Negotiable Instruments Act. The petitioner
filed an appeal along with a suspension petition. The
suspension petition is allowed with a condition that the
petitioner will deposit 20% of the fine amount. The petitioner
is aggrieved by the same.
3. After hearing the learned counsel for the petitioner
and also after going through the dictum laid down by this
Court in Baiju v. State of Kerala [2023 KHC Online 829], I
am of the considered opinion that the court below considered
the matter and a speaking order is passed. There is nothing to
interfere with the same. Then the counsel for the petitioner
submitted that the petitioner is a housewife and she is not in a
position to raise the amount all of a sudden. Considering the
facts and circumstances of the case, the time to deposit the
amount can be extended.
Therefore, this Criminal Miscellaneous Case is
disposed of granting sixty days' time to deposit the amount
directed as per the order dated 30.09.2023 in Crl.M.P.
No.4786/2023 in Crl.A. No.237/2023 by the Sessions Court,
Thrissur.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF CRL.MC 11112/2023
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF JUDGMENT DATED
24.08.2023 OF THE JFCM NO.II, THRISSUR
Annexure 2 A TRUE COPY OF CRL.APPEAL NO.237/2023
ON THE FILES OF THE SESSIONS COURT,
THRISSUR
Annexure A3 A TRUE COPY OF CRL. MP NO.4786/2023 IN
CRL. APPEAL NO. 237/2023 BEFORE THE
SESSIONS COURT, THRISSUR
Annexure A4 ORDER DATED 30.09.2023 IN CRL. MP
NO.4786/2023 IN CRL APPEAL NO.
237/2023 OF THE SESSIONS COURT,
THRISSUR
