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Judgment
7 paragraphs · 185 wordsA.Badharudeen, J
This is an original petition filed under Article 227 of the Constitution of India by the petitioner, who is the appellant in Crl. Appeal.No.42/2022 before the Sessions Court, Kalpetta, challenging order in Crl.M.P. No.1968/2022 dated 12.09.2022 in Crl.Appeal. No.42/2022, whereby the learned Sessions Judge while admitting appeal arising out of judgment in S.T.C.No.99/2019 dated 12.08.2021, directed deposit of 20% of the cheque amount, which would come to Rs.1,00,000/-.
Heard the learned counsel for the petitioner.
Though it is argued by the learned counsel for the petitioner that Ext.P4 is unsustainable, it is discernible that the said order has been passed in accordance with the mandate of Section 148(1) of the Negotiable Instruments Act. Therefore, no illegality to be found, in the impugned order to have interference.
Faced with the situation, the learned counsel for the petitioner prayed for granting a reasonable time to deposit the amount.
Acting on the said prayer, I direct the petitioner to deposit half of the amount on or before 15.11.2022 and the remaining 50% by 15.12.2022.
Accordingly, this O.P.(Crl). stands allowed as indicated above.