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Judgment
5 paragraphs · 271 wordsP.V.Kunhikrishnan, J
Petitioner is the accused in S.T.C. No. 37 of 2017 on the files of Judicial First Class Magistrate Court-II, Thaliparamba.
The prosecution is initiated under Section 138 of the Negotiable Instrument Act. The Trial Court convicted the petitioner and sentenced him under Section 138 of the Negotiable Instrument Act. Aggrieved by the same, the petitioner filed an appeal before the Sessions Court, Thalassery. The Sessions Court admitted the appeal and suspended the sentence on condition that, the petitioner will deposit 20% of fine amount within a period of two months from 15.02.2022. It is the case of the petitioner that he was not able to deposit the amount within the time as directed in Ext.P2 order. The petitioner seeks time to deposit the amount. The petitioner is ready to deposit the amount at any time and he also stated that, he was not able to deposit the amount within the time prescribed in Ext. P2 order because of some financial difficulty and physical aliments.
Heard the learned Counsel for the petitioner and the learned Public Prosecutor.
In the facts and circumstances of the case and also in the light of the fact that, the petitioner is ready to deposit the amount as directed in Ext.P2 order, notice to 1st respondent is dispensed with. Considering the facts and circumstances of the case, I think, the time can be allowed to deposit the amount before the trial court. Therefore, this Original Petition (Crl) is disposed of allowing the petitioner to deposit the fine amount as directed in Ext.P2 order, within a period of one month from today.