Kerala High Court
Joshy vs Mathai on 24 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:70863
CRL.MC NO. 7894 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
CRL.MC NO. 7894 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 21.05.2024 IN CRA NO.51 OF
2024 OF DISTRICT COURT & SESSIONS COURT,THODUPUZHA ARISING OUT OF
THE ORDER/JUDGMENT DATED 19.04.2024 IN ST NO.10 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KATTAPPANA
................................
PETITIONER/APPELLANT/ACCUSED :
JOSHY, AGED 58 YEARS
S/O. MATHEW, KIZHAKKEBHAGAM HOUSE, KADAVOOR P.O.,
KADVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM, PIN - 686671.
BY ADVS.
BABY THOMAS
GEORGE T.J
INDRAJITH S KAIMAL
ALICIA JOSE
AISWARYARAJ
JOHNY GEORGE
RESPONDENT/RESPONDENT/DEFACTO COMPLAINANT :
1 MATHAI, S/O. ABRAHAM,
ILLAMKUNNAL HOUSE, AALPPARA KARA,
KANJIKKUZHY VILLAGE,
IDUKKI DISTRICT, PIN - 686 004.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:70863
CRL.MC NO. 7894 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7894 of 2024
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Dated this the 24th day of September, 2024
ORDER
Petitioner was the accused in S.T.No.10/2022 on the files of the Judicial
First Class Magistrate Court-II, Kattapana. By judgment dated
19.04.2024, petitioner was found guilty for the offences punishable under
Section 138 of the Negotiable Instruments Act, 1881 and was sentenced
to undergo simple imprisonment for three months and a fine of
Rs.10,30,000/-. In the appeal, preferred as Crl.Appeal No.51/2024 before
the Sessions Court, Thodupuzha, the sentence was suspended by order
dated 21.05.2024 and petitioner was directed to deposit 20% of the fine
amount under Section 148 of NI Act. Petitioner challenges the aforesaid
order, contending that no reasons have been provided in the impugned
order directing deposit of 20%.
2. I have heard Sri.Baby Thomas, the learned counsel for the petitioner as
well as Sri.Noushad K.A., the learned Public Prosecutor.
3. In Jamboo Bandari v. M.P. State Industrial Development Corporation
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CRL.MC NO. 7894 OF 2024
Ltd. [2023 (6) KHC 80], the Supreme Court had observed that specific
reasons ought to be given while imposing the condition of deposit of
20%. In Sreenivasan P. v. Babu Raj [2024 KHC Online 270], the Division
Bench of this Court also considered the matter and directed that exercise
of discretion under Section 148 of NI Act, ought to be carried out after
giving specific reasons.
4. A reading of Annexure-A4 impugned order, reveals that no specific
reasons have been given for directing deposit of 20% under Section 148
of NI Act. However, during the course of arguments, it has transpired
that, pursuant to the impugned order, petitioner had filed an application
for extension of time before the learned Sessions Judge, and a period of
30 days was even granted. However, there is no reference to such an
application in the memorandum of Crl.M.C, nor has the said order been
produced. Therefore, the petitioner cannot claim equity under any count
nor the exercise of inherent jurisdiction under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023.
5. Apart from the above, once the impugned order was acquiesced in by
the petitioner and through the application sought extension of time,
which was even acted upon by the learned Sessions Judge, it is not
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CRL.MC NO. 7894 OF 2024
permissible for the petitioner to thereafter turn around and challenge the
order, that too, after the extended time expired. For all the above
reasons, I find no merit in this Crl.M.C. and it is dismissed.
6. However, considering the vehement pleadings of the learned counsel for
the petitioner, I am inclined to extend the time to deposit the amount
by a further period of 30 days from today.
With the above observations, this Crl.M.C. is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/25/09/2024
2024:KER:70863
CRL.MC NO. 7894 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE SAID JUDGMENT IN S.T
NO.10/2022 DATED 19.04.2024 ON THE FILE OF
JFMC -II, KATTAPANA.
ANNEXURE A2 A TRUE COPY OF THE APPEAL MEMORANDUM DATED
18.05.2024 ON THE FILE OF SESSIONS JUDGE,
THODUPUZHA.
ANNEXURE A3 A TRUE COPY OF THE PETITION BEARING
CRL.M.P.NO. 2003 OF 2024 TO SUSPEND THE
SENTENCE IN CRL.APPEAL NO. 51 OF 2024 DATED
18.05.2024 ON THE FILE OF SESSIONS JUDGE,
THODUPUZHA.
ANNEXURE A4 A TRUE COPY OF THE ORDER IN CRL.APPEAL NO. 51
OF 2024 BY THE SESSIONS JUDGE, THODUPUZHA
DATED 21.05.2024.
ANNEXURE A5 A TRUE COPY OF THE MEDICAL CERTIFICATE OF THE
PETITIONER DATED 21.09.2024 FROM MEDICAL
TRUST HOSPITAL, ERNAKULAM.
