Pankajan vs Bindu Satheesh
2024 Latest Caselaw 13454 Ker

Kerala High Court

Pankajan vs Bindu Satheesh on 24 May, 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
    FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                   CRL.MC NO. 4418 OF 2024
 AGAINST THE ORDER DATED 02.02.2024 IN CRA NO.34 OF 2024 OF
   ADDITIONAL DISTRICT COURT, THRISSUR ARISING OUT OF THE
 JUDGMENT DATED 06.01.2024 IN ST NO.105 OF 2017 OF JUDICIAL
            MAGISTRATE OF FIRST CLASS, KODUNGALLUR


PETITIONER/APPELLANT/ACCUSED:

          PANKAJAN
          AGED 71 YEARS
          S/O PAPPINIVATTATH APPU,
          VALAPPAD P.O CHAVAKKAD TALUK,
          THRISSUR, PIN - 680567
          BY ADVS.
          K.I.SAGEER
          MUHAMMED YASIL

RESPONDENTS/COMPLAINANT & STATE:

    1     BINDU SATHEESH
          AGED 47 YEARS
          W/O. POZHEKKADAVIL SATHEESH,
          KARYAVATTAM POST OFFICE
          VALAPPAD VILLAGE, KOTHAKULAM BEACH DESOM
          CHAVAKKAD TALUK, THRISSUR, PIN - 680567
    2     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
          BY ADV. SREEJA.V
          PUBLIC PROSECUTOR
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No.4418 of 2024
                                       -:2:-



                        BECHU KURIAN THOMAS, J.
                       ---------------------------------------
                          Crl.M.C. No.4418 of 2024
                       ---------------------------------------
                     Dated this the 24th day of May, 2024


                                     ORDER

Petitioner was the accused in S.T.No.105/2017 on the files of the

Judicial First Class Magistrate Court, Kodungallur. He was convicted by

judgment dated 06.01.2024 and sentenced to undergo simple

imprisonment for one day in open court, and to pay a fine of

Rs.6,50,000/-. In the appeal preferred as Crl.A.No.34/2024, the learned

Sessions Judge, Irinjalakuda, directed 20% of the fine amount to be

deposited within 60 days. The said 60 days expired by 02.04.2024, and

till date, petitioner has not deposited the amount. The limited relief now

sought for by the petitioner is for a direction to grant a further six

months time to deposit the amount.

2. Sri. K.I.Sageer, the learned counsel for the petitioner relying

upon Annexure-A3 medical certificate, submitted that the petitioner is

recovering from a stroke, and therefore, a minimum period of six months

is essential to deposit the amount.

3. Section 148(2) of the Negotiable Instruments Act, 1881,

prescribes a maximum period of two months, which can be extended on

sufficient cause by thirty days to deposit the amount directed. In the

instant case, almost 110 days are over. Therefore, the statutorily fixed

maximum period has expired. In such circumstances, legally, petitioner

cannot be granted any further time. However, taking note of the

circumstances of the case, I am of the view that an additional period of

45 days can be granted to the petitioner from today to deposit the

amount of 20% as directed in Annexure-A2 order.

4. Accordingly, the time to deposit the 20% under Section 148 of

the Negotiable Instruments Act, as directed in Annexure-A2 shall stand

extended till 08.07.2024. Under no circumstances shall any further

extension of time be granted.

Criminal miscellaneous case is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE

Jka/24.05.24.

PETITIONER'S ANNEXURES

Annexure-A1 A TRUE COPY OF THE JUDGMENT DATED 06.01.2024 IN S.T. NO.105/2017 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR

Annexure-A2 A TRUE COPY OF THE ORDER DATED 02.02.2024 IN CRL.M.P NO.30/2024 ON THE FILES COURT OF ADDITIONAL SESSIONS JUDGE THRISSUR

Annexure-A3 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 28.03.2024