K. F Jacob vs State Of Kerala

K. Babu, J

The prayers in the Original Petition are as follows:-

“a)To set aside Exhibit P4, order of the Honourable VII Additional District and Sessions Court, Ernakulam and direct the Court below to consider the same afresh within a time stipulated by this Honourable Court;

b)To set aside the proceedings dated 02.12.2023 of the Honourable VII Additional District and Sessions Court, Ernakulam and direct the Court below to hear the petitioner, if any modification is required in Exhibit P1, order in Crl.M.P.No.3019 of 2023;

c)and grant such other reliefs, which are just and necessary in the interest of justice.”

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Notice to respondent No.2 is dispensed with.

The petitioner is the accused in C.C.No.877 of 2019 on the file of the Judicial Magistrate of First Class-I, Kochi. He is alleged to have committed the offence punishable under Section 138 of the Negotiable Instruments Act. The Trial Court convicted the petitioner and sentenced him to undergo simple imprisonment for four months and pay fine of Rs.7,41,020/-

The petitioner challenged the conviction by filing Crl.A.No.258 of 2023. Along with the appeal, the petitioner filed Crl.M.P.No.3019 of 2023 seeking suspension of the sentence. The learned Sessions Judge, in the application seeking suspension of sentence, passed the following order.

“Heard. The execution of sentence shall stand suspended and bail granted to the petitioner on condition that the accused shall execute bond for Rs.5 Lakhs with two solvent sureties each for the like sum to the satisfaction of the court below and on further condition that the petitioner shall deposit a sum of Rs.1,48,500/- out of fine amount before the trial court within two months from today”.

Sentence was suspended on 25.07.2023 and the petitioner was directed to deposit Rs.1,48,500/-, being 20% of the fine amount, as provided in Section 148 of the NI Act. On 23.09.2023, the petitioner filed an application seeking extension of time. The learned Sessions judge granted two months time to deposit the amount. Thereafter, on 21.11.2023, the petitioner filed Crl.M.P.No.5145 of 2023, Ext.P3, seeking further extension of three months’ time. The learned Sessions Judge considered the application on 02.12.2023. The learned Sessions Judge dismissed the application as there was no representation for the petitioner. This order is under challenge in this Original Petition.

The learned counsel for the petitioner submits that he was not given an opportunity of hearing.

The petitioner was directed to remit Rs.1,48,500/- on 25.07.2023 towards part of the fine amount as provided in Section 148 of the NI Act. The time for making the payment was further extended by two months on the application filed by the petitioner and subsequently the petitioner filed Ext.P3 application seeking extension of three more months’ time which happened to be dismissed on 02.12.2023. The learned counsel for the petitioner prayed for reconsideration of Crl.M.P.No,5145 of 2023.

I find no patent illegality in the order impugned. However, having regard to the circumstances brought out on record, the petitioner is granted time till 20.02.2024 to deposit the amount. The petitioner is not entitled to any further extension of time. If the petitioner fails to make payment as directed, the Court below shall proceed against him in accordance with law. If the petitioner deposits the amount as directed, the order suspending the sentence will revive.

Coercive proceedings initiated against the petitioner shall be kept in abeyance till 20.02.2024.

The Original Petition is disposed of accordingly.