Kerala High Court
Harikrishnan Namboothiri vs Ajith Kumar on 6 March, 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941
Crl.MC.No.1920 OF 2020(H)
AGAINST THE ORDER dated 05/12/2019 IN CRL.M.P.NO.737/2019 IN
CRA 225/2019 OF ADDITIONAL SESSIONS JUDGE - III, MAVELIKKARA
AGAINST THE ORDER/JUDGMENT IN ST 629/2015 OF JUDICIAL MAGISTRATE
OF FIRST CLASS - II, MAVELIKKARA
PETITIONER/APPELLANT/ACCUSED:
HARIKRISHNAN NAMBOOTHIRI
AGED 54 YEARS
S/O NARAYANAN NAMBOOTHIRI,THEVALASSERIL
ILLAM(ASWATHY),THAMARAKULAM VILLAGE,
ALAPPUZHA VILLAGE.
BY ADVS.
SRI.S.SHANAVAS KHAN
SMT.S.INDU
RESPONDENTS/COMPLAINANT & STATE:
1 AJITH KUMAR
AGED 45 YEARS
S/O VASUDEVAN PILLAI,KALATHOOR THEKKATHIL,KIZHAKKUM
MURI,
THAMARAKULAM VILLAGE,ALAPPUZHA-690530.
2 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,
ERNAKULAM.
SRI AJITH MURALI-PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
05.03.2020, THE COURT ON 06.03.2020 PASSED THE FOLLOWING:
Crl.M.C.No.1920/2020
2
R.NARAYANA PISHARADI, J
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Crl.M.C.No.1920 of 2020
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Dated this the 6th day of March, 2020
ORDER
The petitioner is the accused in the case S.T.No.629 of 2015 on the file of the Court of the Judicial First Class Magistrate-II, Mavelikkara.
2. The trial court found the petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and convicted him thereunder and sentenced him to imprisonment till the rising of the court and also directed him to pay an amount of Rs.6,00,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of three months.
3. The petitioner filed Crl.A.No.225/2019 challenging the order of conviction and sentence passed against him by the trial Crl.M.C.No.1920/2020 3 court. The Sessions Court admitted the appeal.
4. The petitioner had filed an application as Crl.M.P.No.737/2019 for suspending the sentence imposed on him by the trial court. As per Annexure-C order, the aforesaid application was allowed by the learned Additional Sessions Judge. Annexure-C order reads as follows:
"Execution of sentence stands suspended till disposal of appeal subject to conditions.
(1) Execute bond for Rs.25,000/- with two solvent sureties for like sum.
(2) Deposit within 60 days from today 20% of compensation amount imposed by trial court."
5. The accused has now approached this Court with this petition under Section 482 Cr.P.C for granting a period of two more months for depositing the amount in the trial court in compliance with Annexure-C order.
6. Heard learned counsel for the petitioner.
7. Section 148(1) of the Act provides that, notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal filed by the drawer against conviction under Section 138 of the Act, the appellate court may Crl.M.C.No.1920/2020 4 order the appellant to deposit such sum which shall be a minimum of 20% of the fine or compensation awarded by the trial court. Section 148(2) of the Act provides that, the amount referred to in sub-Section (1) shall be deposited within sixty days from the date of the order or within such further period not exceeding thirty days as may be directed by the court on sufficient cause being shown by the appellant.
8. Annexure-C order is dated 05.12.2019. The period of sixty days granted to the petitioner by the appellate court, as per Section 148(2) of the Act, for depositing the amount expired on 03.02.2020. As per Section 148(2) of the Act, the petitioner had the opportunity to approach the appellate court itself for granting extension of time for deposit of the amount for a further period of thirty days, on sufficient cause being shown by him. The petitioner has got no case that he approached the appellate court as provided under Section 148(2) of the Act for granting extension of such time. The further period of thirty days which could have been granted by the appellate court is also over by the date 04.03.2020, on which this petition was filed by him. Crl.M.C.No.1920/2020 5
9. In this petition filed before this Court, no ground whatsoever for granting extension of time beyond the period stipulated under the statute is shown by the petitioner. No special or exceptional circumstances are stated in this petition for granting more time to the petitioner to deposit the amount. In such circumstances, I find that this is not a fit case in which the power of this Court under Section 482 Cr.P.C can be invoked to grant time to the petitioner to deposit the amount by extending the period provided by the statute. The petition is liable to be dismissed.
Consequently, the petition is dismissed.
(sd/-) R.NARAYANA PISHARADI, JUDGE jsr Crl.M.C.No.1920/2020 6 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A TRUE COPY OF THE JUDGMENT DATED 31/10/2019 IN S.T.NO.629/2015 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II,MAVELIKARA.
ANNEXURE B TRUE COPY OF THE MEMORANDUM OF APPEAL ALONG WITH THE PETITION FOR SUSPENSION OF SENTENCE.
ANNEXURE C CERTIFIED COPY OF THE ORDER DATED 05/12/2019 IN CRL.M.P.NO.737/2019 IN CRL.APPEAL NO.225/2019 OF THE HON'BLE ADDITIONAL SESSIONS JUDGE- III,MAVELIKARA.
RESPONDENTS' EXHIBITS : NIL TRUE COPY PS TO JUDGE