Kerala High Court
Abdul Rasheed vs State Of Kerala on 12 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 9372 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
CRL.MC NO. 9372 OF 2024
AGAINST THE ORDER DATED 04.06.2024 IN CRA NO.252 OF 2024
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, NORTH
PARAVUR / I ADDITIONAL MACT, NORTH PARAVUR ARISING OUT OF THE
ORDER DATED 03.05.2024 IN CC NO.5 OF 2021 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT- III, NORTH PARAVUR
PETITIONER/ ACCUSED :
ABDUL RASHEED
AGED 53 YEARS
S/O KUNJUMUHAMMED, THAIPARAMBIL CHUNGATH,
NEAR KOCHAL BUS STOP, VALLUVALLY KARA,
KOONAMMAVU PO, KOTTUVALLY VILLAGE,
PARAVUR TALUK, PIN - 683 518
BY ADV MARGERET K. JAMES
RESPONDENT/ RESPONDENT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 HAMSA P A
S/O ALIKUNJU, PUTHUMANA VEEDU,
MACHAMTHURUTH KARA, VADAKKEKARA,
VILLAGE, PARAVUR TALUK,
PIN - 68352
CRL.MC NO. 9372 OF 2024
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SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9372 OF 2024
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.9372 of 2024
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Dated this the 12th day of November, 2024
ORDER
Petitioner is the accused in C.C.No.5 of 2021 on the files of the
Judicial First Class Magistrate's Court-III, North Paravur. As per the
judgment dated 03.05.2024, petitioner was found guilty and sentenced to
undergo simple imprisonment for nine months and to pay a fine of
Rs.15,96,963/-. An appeal was preferred as Crl.A.No.252 of 2024 before
the Sessions Court, Paravur. By order dated 04.06.2024, the learned
Sessions Judge suspended the sentence and directed the petitioner to
deposit Rs.3,20,000/- out of the compensation amount within four
months from today. On the expiry of the period granted by the learned
Sessions Judge, an application was filed for extension of time to deposit
the amount directed under Section 148 of the Negotiable Instruments
Act, 1881. The learned Sessions Judge by the order dated 07.10.2024
extended the time by one more month from 05.10.2024. Petitioner has
now challenged the order directing deposit of 20% of the compensation
amount.
2. Having heard the learned counsel for the petitioner as well as
the learned Public Prosecutor, I am of the view that petitioner cannot,
after acquiescing into the order directing deposit of 20% turn around and
challenge the said order. Initially, the learned Sessions Judge had
CRL.MC NO. 9372 OF 2024
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granted four months' time to the petitioner to deposit the amount. The
said time limit is in fact more than what is provided in the statute.
Despite the above, when the petitioner approached the court seeking
extension of time to deposit the amount, he has in fact acquiesced into
the said order and had no challenge against it, till then. The learned
Sessions Judge granted one more month's time to deposit the amount. It
is after the expiry of the said extended period that this petition has been
filed.
3. According to me, since the petitioner had approached the
Sessions Court itself with a petition for extension of time, he cannot
thereafter challenge the earlier order. Even otherwise the impugned order
dated 04.06.2024 directing deposit of 20% has given reasons for
directing such a deposit. Therefore, on that ground also, there is no merit
in this petition.
In such circumstances, I find no merit in this Crl.M.C.and it is
dismissed.
However, considering the circumstances pointed out by the
learned counsel for the petitioner, I am of the view that a breathing time
can be granted to the petitioner to deposit the amount. Therefore, the
time to deposit the said amount shall stand extended by a further period
of 30 days from today.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 9372 OF 2024
2024:KER:84930
PETITIONER'S ANNEXURES :
Annexure A1 TRUE COPY OF THE ORDER DATED 4/06/2024 OF
ADDITIONAL DISTRICT AND SESSION JUGDE-1
NORTH PARAVUR IN CRIMINAL M.P. 1544/2024
IN CRIMINAL APPEAL NO. 252/2024.
Annexure A2 TRUE COPY OF THE ORDER DATED 07-10-2024 IN
CMP NO. 2809 OF 2024 OF ADDITIONAL
DISTRICT AND SESSION JUGDE-1 NORTH PARAVUR
IN CRIMINAL APPEAL NO. 252/2024
