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P.K.Sangameswaran vs State Of Kerala

High Court Of Kerala · Decided on 7 August 2023 · Citation: (2023) 08 KL CK 0070

HON’BLE JUDGES
Raja Vijayaraghavan V, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 255(2), 357(1)(b) · Negotiable Instruments Act, 1881 — Section 138
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 5060 Of 2023
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Judgment

8 paragraphs · 357 words

Raja Vijayaraghavan V, J

1.

The petitioner herein is the accused in S.T.No.242 of 2017 on the file of the Judicial Magistrate of First Class-IV, Thrissur. The aforesaid complaint was lodged by the second respondent under Section 138 of the Negotiable Instruments Act. After trial, the petitioner was found guilty and he was convicted and sentenced under Section 255 (2) of the Code to pay a fine of Rs.2,50,000/- for the offence punishable under Section 138 of the NI Act. The fine if paid or recovered, was ordered to be paid to the complainant as compensation under Section 357(1)(b) of the Code. In default, the accused was ordered to undergo SI for three months.

2.

Challenging the judgment conviction and sentence, an appeal was preferred before the Court of Sessions. The learned Sessions Judge, by an interim order dated 05.06.2023 suspended the sentence on execution of bond for a sum of Rs. 50,000/- with two solvent sureties and on depositing 20% of the fine amount ordered by the trial court. The said order is under challenge.

3.

The learned counsel appearing for the petitioner submitted that the petitioner is financially in dire straits. He points out that, he has approached the Civil Court and has filed a petition by invoking the provisions of the Insolvency Act, and the said matter is pending. According to the learned counsel, 20% of Rs.2,50,000/- would come to the tune of Rs.50,000/- and his request is to grant the petitioner a time frame of two months to pay the amount is ordered.

4.

The learned Public Prosecutor opposed submissions. It is submitted that as per the statutory mandate, the amount is to be deposited within a period of 60 days.

5.

Having considered the submissions and taking note of the fact that the limited request is for grant of time to remit the amount as ordered, I am of the view that necessary directions can be issued.

The time granted by the learned Sessions Judge to deposit 20% of the fine amount before the trial court shall stand extended till 2.9.2023. No further extension shall be granted.

This petition is disposed of.