Muraleedharan Nair vs State Of Kerala
2023 Latest Caselaw 11020 Ker

CRL.MC NO. 8815 OF 2023             1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                           CRL.MC NO. 8815 OF 2023
AGAINST THE ORDER/JUDGMENT ST 50/2019 OF JUDICIAL MAGISTRATE OF
                          FIRST CLASS -IV, ALAPPUZHA
          CRA 154/2022 OF DISTRICT & SESSIONS COURT, ALAPPUZHA
PETITIONER/S:

               MURALEEDHARAN NAIR
               AGED 54 YEARS
               S/O THANKAPPAN NAIR, GOPU MANDHIRAM ,ZILLA COURT
               WARD,THATHAMPALLY P O,ALAPPUZHA., PIN - 688013

               BY ADV K.C.SUDHEER


RESPONDENT/S:
     1    STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH OF KERALA,
          ERNAKULAM , KOCHI-682031, PIN - 682031

      2        SREE GOKULAM CHITS AND FINANCE CO LTD,ALAPPUZHA
               BRANCH
               REPRESNTED BY JOBBY CHACKO,S/O CHACKO,AGED
               48,ASSISTANT LEGAL MANAGER AND POWER OF ATTORNEY
               HOLDER OF SREE GOKULAM CHITS AND FINANCE CO
               LTD,ALAPPUZHA BRANCH, PIN - 688005


OTHER PRESENT:

               RENJITH PP


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 8815 OF 2023          2




                      P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      Crl.M.C. No.8815 of 2023
                    --------------------------------------
              Dated this the 26th day of October, 2023



                              ORDER

This Crl.M.C. is filed for setting aside the order dated

15.10.2022 of the Sessions Court, Alappuzha in Crl.M.P.

No.3987/2022 in Crl.Appeal No.154/2022 by which a direction is

issued to deposit 20% of the fine amount.

2. The petitioner was convicted and sentenced by the

trial court in a proceedings under Sec. 138 of the Negotiable

Instruments Act and aggrieved by the same, the petitioner filed

an appeal before the Sessions Court. The Sessions Court

suspended the sentence on condition that the petitioner will

deposit 20% of the fine amount. Going through the order, I see

no reason to interfere with the same. At this stage, the counsel

for the petitioner submitted that the petitioner may be given

some time to deposit the amount. I think that can be granted.

Therefore, the time to deposit the amount as ordered in

Annexure-1 is extended for a further period of 30 days from

today. The coercive steps against the petitioner shall be kept in

abeyance for a period of 30 days from today.

With the above observation, this Crl.M.C. is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF CRL.MC 8815/2023

PETITIONER ANNEXURES

Annexure 1 THE COPY OF THE ORDER DATED 15/10/2022 IN CRL M P NO 3987/2022 IN CRL APPEAL NO 154/2022 OF THE HONOURABLE SESSIONS JUDGE ALAPPUZHA

Annexure 2 THE COPY OF THE JUDGEMENT DATED 16/8/2022 IN ST NO 50/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - 4 ALAPPUZHA