Kerala High Court
V.K. Unni vs State Of Kerala on 20 May, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
CRL.MC NO. 2172 OF 2024
AGAINST THE ORDER DATED 03.01.2024 IN CRMP 6108/2023 IN CRA NO.526
OF 2023 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/PETITIONER/APPELLANT:
V.K. UNNI,
AGED 66 YEARS,
S/O. KRISHNAN, VALIYAVEETTIL HOUSE, EZHALLUR KARA,
KUMARANMANGALAM VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685605
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
KARAN SCARIA ABRAHAM
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 GIRIJAN MENON,
AGED 86 YEARS,
S/O. SANKARA MENON, LAYANAM HOUSE,
EROOR SOUTH P.O., THRIPUNITHARA,
ERNAKULAM, PIN - 682306
BY ADVS.
ANJALI G KRISHNAN
C.DEVANAND(K/190/1987)
K.G. DEVIPRIYA(K/001342/2022)
S.NIKHIL RAJEEV(K/000080/2023)
S.SANAL KUMAR (SR.)(K/582/1994)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.2172 of 2024
2
K.BABU, J.
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Crl.M.C No.2172 of 2024
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Dated this the 20th day of May, 2024
ORDER
The challenge in this Criminal M.C is to the order dated
03.01.2024 in Crl.MP No.6108/2023 in Crl.A No.526/2023 on the file of
the District and Sessions Court, Ernakulam.
2. The petitioner is the accused in ST No.53/2022 on the file of
the Judicial First Class Magistrate Court-III, Kochi. He is alleged to
have committed the offence punishable under Section 138 of the
Negotiable Instruments Act.
3. The Trial Court convicted the petitioner and sentenced him
to pay a fine of Rs.15,50,000/-. The petitioner challenged the
judgment of conviction and sentence before the Sessions Court,
Ernakulam filing Crl.A No.526/2023. Along with the appeal, the
petitioner filed an application under Section 389 Cr.PC. The learned
Sessions Judge passed Annexure A3 order in the application
seeking suspension of sentence, which reads thus:
"Heard. Since there is no special reasons
mentioned to get exemption from payment of 20% of
amount as stipulated under Section 148 A of N.I Act. The
execution of sentence shall stand suspended and bail
granted to the petitioner on condition that the accused
shall execute bond for Rs.5,00,000/- with two solvent
sureties each for the like sum to the satisfaction of the
court below and on further condition that the petitioner
shall deposit a sum of Rs.3,10,000/- out of fine amount
before the trial court within two months from today."
4. Heard the learned counsel for the petitioner, the learned
counsel for the respondent/complainant and the learned Public
Prosecutor.
5. The learned counsel for the petitioner seeks time till
31.07.2024 for depositing the portion of the fine amount ordered to
be paid.
6. The learned counsel for the respondent/complainant
submitted that Crl.R.P No.13/2024 filed by the complainant
challenging the inadequacy of the sentence imposed is also pending
before the Sessions Court.
7. In view of the limited prayer sought from the part of the
petitioner, and having considered the challenges raised, the
petitioner is granted time till 31.07.2024 to deposit of Rs.3,10,000/-
as per order dated 03.01.2024. The complainant is an 86 year-old
man. The litigation commenced in the year 2019.
8. Therefore, the Sessions Court, Ernakulam shall consider
both the matters and dispose of them, as expeditiously as possible,
at any rate, within a period of six months from this day.
The Criminal M.C is disposed of as above.
Sd/-
K.BABU,
JUDGE
KAS
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE JUDGMENT DATED
02.12.2023 IN S.T. NO. 53/2022 ON THE
FILES OF THE HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE'S COURT -III, KOCHI.
Annexure A2 TRUE COPY OF THE CRL.M.P. NO. 6108/2023
IN CRL. APPEAL NO. 526/2023.
Annexure A3 TRUE COPY OF THE ORDER DATED 03.01.2024
IN CRL.M.P. NO. 6108/2023 IN CRL.
APPEAL NO.526/2023.
