Thomas Mathulla vs Jose Varghese

Type Court Judgment Court Kerala Decided Oct 26, 2023

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https://sooperkanoon.com/case/1400642

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Citation: sooperkanoon.com/1400642
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Oct 26, 2023
Case Number: Crl.MC/8872/2023

Parties & Advocates

Appellant / Petitioner

Thomas Mathulla

Respondent

Jose Varghese

Excerpt

.....pin - 682031 other present: sri hrithwik pp this criminal misc. case having come up for admission on 26.10.2023, the court on the same day passed the following: crl.mc no. 8872 of 2023 2 p.v.kunhikrishnan, j --------------------------------------- crl.m.c. no. 8872 of 2023 -------------------------------------- dated this the 26th day of october, 2023orderthis crl.m.c. is filed challenging annexure-a2 order by which the petitioner is directed to deposit 20% of the fine amount before the trial court within 60 days. the petitioner was convicted and sentenced by the trial court in the proceedings under sec. 138 of the negotiable instruments act. the conviction and sentence was challenged before the sessions court and the sessions court as per annexure-a2order suspended the sentence on condition that the petitionerwill deposit 20% of the fine amount. thereafter, the petitioner filed an application for extension of time and the same was extended for a further period of two months as evident by annexure-a3 order. it is submitted that the petitioner is not able to pay the amount and further time may be granted. crl.mc no. 8872 of 2023 3 after hearing the counsel for the petitioner and the public prosecutor, i think some more time can be given to the petitioner. therefore, the time to deposit the amount as ordered in annexure-a2 is extended for a further period of two months from today. with the above observation, this crl.m.c. is disposed of. sd/- p.v.kunhikrishnan judge sks crl.mc no. 8872 of 2023 4 appendix of crl.mc 8872/2023 petitioner annexures annexure -a1 true copy of the judgment dated 10-03- 2023 in st 2242/2013 on the files of jfcm, nilambur annexure-a2 true copy of the order in crl.mp 704/2023 in crl app 38/2023 of the sessions court manjeri annexure-a3 true copy of the order dated 30-07-2023 in crl.mp 1249/2023 in crl.app 38/2023 of sessions court manjeri

Full Judgment

CRL.MC NO. 8872 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945 CRL.MC NO. 8872 OF 2023 AGAINST THE ORDER/JUDGMENT CRA 38/2023 OF DISTRICT COURT& SESSIONS COURT,MANJERI PETITIONER/S: THOMAS MATHULLA AGED 65 YEARS KOOLATHARAMANNIL HOUSE, ENANTHI PO, NALLATHANI, NILAMBUR TALUK, MALAPPURAM DISTRICT., PIN - 679330 BY ADVS. P.SAMSUDIN MILAN RACHEL MATHEW NASRIN WAHAB RESPONDENT/S: 1 JOSE VARGHESE AGED 63 YEARS S/O UMMAN, NALPANAL HOUSE, PULANCHERI, NALLATHANI PO, NILAMBUR TALUK, MALAPURAM DISTRICT., PIN - 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SRI HRITHWIK PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 8872 OF 2023 2 P.V.KUNHIKRISHNAN, J --------------------------------------- Crl.M.C. No. 8872 of 2023 -------------------------------------- Dated this the 26th day of October, 2023

ORDER

This Crl.M.C. is filed challenging Annexure-A2 order by which the petitioner is directed to deposit 20% of the fine amount before the trial court within 60 days. The petitioner was convicted and sentenced by the trial court in the proceedings under Sec. 138 of the Negotiable Instruments Act. The conviction and sentence was challenged before the Sessions Court and the Sessions Court as per Annexure-A2

order suspended the sentence on condition that the petitioner

will deposit 20% of the fine amount. Thereafter, the petitioner filed an application for extension of time and the same was extended for a further period of two months as evident by Annexure-A3 order. It is submitted that the petitioner is not able to pay the amount and further time may be granted. CRL.MC NO. 8872 OF 2023 3 After hearing the counsel for the petitioner and the Public Prosecutor, I think some more time can be given to the petitioner. Therefore, the time to deposit the amount as ordered in Annexure-A2 is extended for a further period of two months from today. With the above observation, this Crl.M.C. is disposed of. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS CRL.MC NO. 8872 OF 2023 4 APPENDIX OF CRL.MC 8872/2023 PETITIONER ANNEXURES Annexure -A1 TRUE COPY OF THE JUDGMENT DATED 10-03- 2023 IN ST 2242/2013 ON THE FILES OF JFCM, NILAMBUR Annexure-A2 TRUE COPY OF THE ORDER IN CRL.MP 704/2023 IN CRL APP 38/2023 OF THE SESSIONS COURT MANJERI Annexure-A3 TRUE COPY OF THE ORDER DATED 30-07-2023 IN CRL.MP 1249/2023 IN CRL.APP 38/2023 OF SESSIONS COURT MANJERI

Same Court & Year Kerala · 2023 Same Parties Thomas Mathulla vs Jose Varghese Same Judge Honourable Mr. Justice P.V.Kunhikrishnan