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Judgment
6 paragraphs · 363 wordsMary Joseph, J
This petition is filed challenging an order passed by Court of Sessions, Palakkad in C.M.P. No.1220 of 2020 in Crl.A. No.124 of 2020. Crl.A. No.124 of 2020 is an appeal challenging the judgment of Judicial First Class Magistrate Court-I, Ottapalam in S.T. No.3012/2012, convicting and sentencing the petitioner. At the time of admission of the appeal, while suspending the sentence imposed vide judgment assailed in the appeal, the appellant was directed to pay 20% of the cheque amount within 60 days from 05.06.2020 and the court was directed to keep the execution of the warrant pending against the petitioner in abeyance. The direction to deposit 20% was issued as a condition precedent for getting the execution of sentence imposed on him by the judgment assailed, suspended.
In the meantime he has also filed Crl.M.C.No. 1540 of 2021 before this Court seeking to lift the condition to deposit 20% of the fine amount. That petition was dismissed by order passed on 27.07.2021 for the reason that imposition of such a condition was mandated by Section 148 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act').
In the present Crl.M.C, the grievance of the petitioner was that 20% of the cheque amount could not be deposited within 60 days' time granted by the appellate court and time extended by this Court till 08.04.2021. The amount still remains undeposited.
Under Section 148 N.I. Act the appellate court is empowered to grant 60 days' time for deposit of 20% of cheque amount initially and to extend the time for 30 days more on sufficient cause being shown. It is pertinent to note that the appellate court has granted 60 days time initially and this Court vide order passed on 15.03.2021 has granted a further time of one month. It is pertinent to note that the petitioner had approached this Court seeking for extension of time much after the expiry of 60 days' time granted as per order dated 05.06.2020. Therefore, more than the time permitted by Section 148 N.I. Act has already been consumed by the petitioner, but the deposit was not made.
Crl.M.C being not maintainable is dismissed.