Kerala High Court
Gazal Mohammed vs State Of Kerala on 11 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 3410 OF 2024
AGAINST THE ORDER DATED 20.09.2023 IN CRA NO.359 OF 2023 OF
ADDITIONAL SESSIONS COURT-VI, ERNAKULAM ARISING OUT OF THE
JUDGMENT DATED 19.08.2023 IN CC NO.2 OF 2020 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, ERNAKULAM
PETITIONER/ ACCUSED/ APPELLANT :
GAZAL MOHAMMED
AGED 43 YEARS
S/O. MOHAMMED ABOOBACKER,
ERATTAKULATHINGAL HOUSE, EDAVILANGU P.O.,
THRISSUR DISTRICT, PIN - 650 671
BY ADVS.
P.M.BENZIR
AKHILA SHUKKOOR VELIYAVEETTIL
RESPONDENT/ SECOND RESPONDENT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
2 NAZIR P. H.
AGED 54 YEARS, S/O N.A. HYDROSE,
RESIDING AT 1 B PRESIDENCY HOMES,
P F ROAD, KALOOR, KOCHI,
PIN - 682 017
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3410 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.3410 of 2024
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Dated this the 11th day of April, 2024
ORDER
Petitioner challenges the order dated 20.09.2023 in Crl.M.P.No.3983
of 2023 in Crl.A.No.359 of 2023 on the files of the Additional Sessions
Court-VI, Ernakulam, to the extent it directs deposit of Rs.21,41,000/-
out of the fine amount within two months.
2. By judgment dated 19.08.2023 in C.C.No.2 of 2020, the
Additional Chief Judicial Magistrate's Court, Ernakulam found the
petitioner guilty for the offence under Section 138 of the Negotiable
Instruments Act, 1881 and sentenced him to undergo simple
imprisonment till the rising of the court. He was also directed to pay a
fine amount of Rs.1,09,00,000/- after deducting Rs.1,95,000/- paid
during the pendency of the case.
3. In the appeal preferred by the petitioner as Crl.A.No.359 of
2023, the learned Sessions Judge imposed a condition of deposit of
Rs.21,41,000/- out of the fine amount within two months as per Section
148 of the NI Act. On a perusal of the impugned order, it is evident that
no reasons have been given. However, the petitioner had acquiesced into
the order by filing Crl.M.P.No.5037 of 2023 seeking three months' further
time to pay the amount, which application was allowed on 20.11.2023.
Thereafter, petitioner filed yet another application as Crl.M.P.No.698 of
CRL.MC NO. 3410 OF 2024
2024 seeking further two months for depositing the amount. The said
request was also allowed. Thus the petitioner had acquiesced into the
order directing deposit of 20% of the fine amount by filing successive
applications for extending the time. When the said time limit is about to
expire, petitioner has now preferred this Crl.M.C. challenging the initial
order.
4. The conduct of the petitioner no doubt is to be deprecated.
However, since the amount directed to be deposited is substantial and
bearing in mind the decision of the Supreme Court in Jamboo Bhandari
v. M.P.State Industrial Development Corporation Ltd. [(2023) 10
SCC 446] as well as the decision of this Court in Sreenivasan P. v.
Babu Raj [2024 KHC Online 270], this Court notices that there is a
total absence of any reasoning given by the learned Sessions Judge while
directing deposit of the amount.
In such a view of the matter and in order to avoid further delay,
this Court is of the view that the impugned order can be set aside and a
fresh consideration regarding the quantum of deposit be directed within a
further period of three weeks from today. Ordered accordingly. While
taking such a decision, the learned Sessions Judge shall bear in mind the
observations in the decision in Sreenivasan P.'s case (supra).
The Crl.M.C.is allowed to the above extent.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 3410 OF 2024
PETITIONER'S ANNEXURES :
Annexure A1 THE TRUE COPY OF THE JUDGMENT DATED
19.08.2023 IN C.C.NO.02 OF 2020 ON THE
FILES OF THE HON'BLE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE (SPECIAL COURT FOR
CASES RELATING TO MP'S/MLA'S) COURT,
ERNAKULAM
Annexure A2 THE TRUE COPY OF THE ORDER DATED
20.09.2023 IN CRL.M.P.NO.3983 OF 2023 IN
CRL.A.NO.359 OF 2023 BY THE HON'BLE
SESSIONS COURT, ERNAKULAM
Annexure A3 THE TRUE COPY OF THE ORDER DATED
20.11.2023 IN CRL.M.P.NO.5037 OF 2023 IN
CRL.M.P.NO.3983 OF 2023 IN CRL.A.NO.359
OF 2023 ON THE FILES OF THE ADDITIONAL
SESSIONS COURT - VI, ERNAKULAM
Annexure A4 THE TRUE COPY OF THE ORDER DATED
17.02.2024 IN CRL.M.P.NO.698 OF 2024 IN
CRL.M.P.NO.3983 OF 2023 IN CRL.A.NO.359
OF 2023 ON THE FILES OF THE ADDITIONAL
SESSIONS COURT - VI, ERNAKULAM
