Sini Shelly vs Pushpamani V.R
2023 Latest Caselaw 2192 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
    FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
                       OP(CRL.) NO. 125 OF 2023
 AGAINST THE ORDER/JUDGMENT CRA 367/2022 OF JUDL. FIRST CLASS
        MAGISTRATE COURT, III, NORTH PARAVUR (TEMPORARY)
PETITIONER

             SINI SHELLY
             AGED 45 YEARS
             W/O SHELLY, PULIKKAL HOUSE, MANAKKODAM,
             NEAR CHALIPALAM, CHENDAMANGALAM P O,
             NORTH PARAVUR, ERNAKULM, PIN - 683512

             BY ADVS.
             ANOOP KRISHNA
             V.A.PRADEEP KUMAR

RESPONDENTS/RESPONDENTS

    1        PUSHPAMANI V.R
             W/O THAMPI K K KANNAMTHARA HOUSE,
              VALLUVALLY KARA KOTTUVALLY VILLAGE,
             KOONAMMAVU P. O, NORT PARAVUR, PIN - 683518

    2        STATE OF KERALA
             REP. BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031




             PP MAYA ANTHARJANAM


     THIS    OP   (CRIMINAL)   HAVING      COME   UP   FOR   ADMISSION   ON
10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(Crl) No.125 of 2023
                                   2



                          JUDGMENT

Dated this the 10th day of February, 2023

The petitioner is the accused in S.T. No.1571 of 2016 of

the Judicial First Class Magistrate Court-III, North Paravur.

The case arose from a complaint filed by the 1 st respondent,

alleging commission of the offence under Section 138 of the

Negotiable Instruments Act ('NI Act' for short).

2. The trial court, on appreciation of evidence and the

legal contentions, found the petitioner guilty and thereupon,

convicted and sentenced her to undergo simple imprisonment

for eight months and to pay fine of Rs.9,85,000/-, with a

default sentence of two months simple imprisonment. The

fine, if remitted, was directed to be paid as compensation to

the complainant under Section 357(1)(b) Cr.P.C.

3. Aggrieved by the conviction and sentence, the

petitioner preferred Crl.Appeal No.367 of 2022 before the

Additional District and Sessions Court, North Paravur. The

appellate court, after hearing the petitioner, suspended the

execution of the sentence and granted bail to the petitioner, O.P(Crl) No.125 of 2023

on condition of the petitioner executing a bond for Rs.5 lakhs

with two solvent sureties for the like sum and on further

condition that the petitioner should deposit a sum of

Rs.1,97,000/- towards the fine amount before the court below

within two months. This Original petition is filed aggrieved by

the direction to deposit Rs.1,97,000/- towards the fine amount.

4. Learned counsel for the petitioner fairly submits that

under Section 148 of the NI Act, the appellate court is

conferred with the power to direct deposit of a minimum of

20% of the fine or the compensation awarded by the trial

court. It is submitted that the original petition is filed since the

petitioner is finding it impossible to remit the amount as

directed by the appellate court. It is pointed out that the

petitioner's property is attached in the civil suit filed by the

complainant based on the same cheque. It is contended that

the said fact should have prompted the appellate court to

exercise its discretion in a judicious manner, rather than

mechanically directing payment of a portion of the fine

amount.

O.P(Crl) No.125 of 2023

5. Although, I find no mistakes in the impugned order,

considering the special circumstances pointed out and the fact

that the petitioner being a lady, I deem it appropriate to extend

the time stipulated in Annexure A2 order by one month.

6. Accordingly, the Original Petition is disposed of,

without interfering with the impugned order and permitting the

petitioner to deposit the amount of Rs.1,97,000/- within one

month in two instalments. The first instalment of Rs.1 lakh

shall be deposited within two weeks and the balance

Rs.97,000/-, within two weeks thereafter.

In the nature of the order passed, I am not issuing

notice to the 1st respondent.

Sd/-

V.G.ARUN, JUDGE smm O.P(Crl) No.125 of 2023

APPENDIX OF OP(CRL.) 125/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THEIN CRL APPEAL NO 367 OF 2022 ON THE FILE OF THE HON:BLE ADDL SESSIONS COURT NORTH PARAVUR Annexure A2 TRUE COPY OF ORDER IN CRL MP NO 3228 OF 2022 TO SUSPEND THE SENTENCE PASSED AGAINST THE PETITIONER UNDER SECTION 389 OF CRPC. IN CRL APPEAL NO 367 OF 2022 ON THE FILE OF THE HON:BLE ADDL SESSIONS COURT NORTH PARAVUR Annexure A3 JUDGMENT IN ST NO.1571/2016 DATED 13.10.2022 ON THE FILE OF THE JFCM-III, N. PARAVUR