Renjith Chandrakumar vs State Of Kerala
2023 Latest Caselaw 9628 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                    CRL.MC NO. 7236 OF 2023
AGAINST THE JUDGMENT IN CRA 155/2023 OF ADDITIONAL DISTRICT &
                 SESSIONS COURT, NEYYATTINKARA
    CC 63/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -IV,
                           NEYYATTINKARA
PETITIONER/ACCUSED :

          RENJITH CHANDRAKUMAR, AGED 42 YEARS
          S/O RAMACHANDRAN NAIR, RENJINI BHAVAN, KOLLAMKONAM,
          KOTTUKAL VILLAGE, THIRUVANANTHAPURAM, PIN - 695501
          BY ADVS.
          S.MOHAMMED AL RAFI
          THAJUNA MARIA FRANCIS


RESPONDENTS/STATE & COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM, PIN - 682031
    2     SURAJAKUMARI
          D/O KARMALA, PARAYAMVILAKOM VEEDU, AVANAKUZHY,
          ATHIYANOOR, THIRUVANANTHAPURAM, PIN - 695123
OTHER PRESENT:

          RENJITH T.R PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.7236/2023                        2


                  P. V. KUNHIKRISHNAN, J.
               -------------------------------------------
                   Crl.M.C.No.7236 of 2023
               -------------------------------------------
           Dated this the 8th day of September, 2023

                                 ORDER

The petitioner was convicted by the Judicial First Class

Magistrate Court-IV, Neyyattinkara under Section 138 of the

Negotiable Instruments Act and he was imposed with a sentence of

imprisonment till rising of the Court and to pay a compensation of

Rs.5 lakhs.

2. Aggrieved by the conviction and sentence, the petitioner

filed an appeal before the Sessions Court, Neyyattinkara and the

learned Sessions Judge, Neyyattinkara suspended the sentence on

condition that the petitioner will execute a bond and also will deposit

20% of the compensation amount within one month from the date of

this order. Aggrieved by the direction to deposit 20% of the

compensation amount, this Crl.M.C is filed.

3. Heard learned counsel for the petitioner and the learned

Public Prosecutor.

4. After hearing both sides, I am of the considered opinion

that such a condition need not be interfered by this Court invoking

the powers under Section 482 Cr.P.C. The learned counsel for the

petitioner submitted that some time may be granted for paying the

amount. That can be allowed. There can be a direction to the

appellate court to dispose the appeal also as expeditiously as

possible.

Therefore this Crl.M.C is disposed of with the following

directions:

(i) The time to deposit 20% of the compensation amount ordered as per order in CMP 37/2023 in Crl.Appeal No.155/2023 on the file of Additional District & Sessions Court, Neyyattinkara is extended for a further period of two months from today. But I make it clear that the petitioner shall immediately execute the bond as directed in the above order.

(ii) Learned Additional District & Sessions Court, Neyyattinkara will try to dispose Crl.Appeal No.155/2023 as expeditiously as possible.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF CRL.MC 7236/2023

PETITIONER ANNEXURES Annexure A TRUE COPY OF THE JUDGMENT DATED 21/07/2023 IN C.C.NO.63/2023 ON THE FILE OF 1ST CLASS MAGISTRATE COURT-IV, NEYYATTINKARA Annexure B TRUE PHOTOCOPY OF THE ORDER DATED 18/08/2023 IN CMP NO.37/2023 IN CRL. APPEAL NO.155/2023 ON THE FILE OF COURT OF ADDITIONAL SESSIONS JUDGE, NEYYATTINKARA