Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH THURSDAY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 CRL.MC NO. 171 OF 2022 AGAINST THE ORDER DATED 26.10.2021 IN CRL.M.P.NO.1512/2021 IN CRL. APPEAL NO.71/2021 OF II ADDITIONAL COURT OF SESSIONS, THIRUVANANTHAPURAM C.C.NO.227/2014 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT XII, THIRUVANANTHAPURAM
PETITIONER/APPELLANT/ACCUSED: UNNIKRISHNAN, AGED 45 YEARS, S/O.SREEDHARAN, "PADMASREE", KUMARAPURAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695 011. BY ADVS. SRI.ARUN CHAND SRI.BHARAT VIJAY P. SRI.THAREEQ ANVER K. SMT.K.SALMA JENNATH SRI.MAJID MUHAMMED K. RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 JAYARAM C L., AGED 61 YEARS, S/O.LEKSHMANAN, JAYA NIVAS, T C NO.31/387, ATTUVARAMBU, ANAYARA P O, THIRUVANANTHAPURAM-695 029.
R2 BY ADVS.SRI.D.KISHORE SRI.R.MURALEEKRISHNAN (MALAKKARA) R1 BY SMT.SEENA C, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 31st day of March, 2022. This petition is filed against orders passed by Additional Court of Sessions -II, Thiruvananthapuram (for short ‘the court below’) respectively on 25.09.2021 and 26.10.2021.
2. Annexure A2 order was passed by the court below in
Crl.M.P.No.885/2021 in Crl.Appeal No.71/2021 directing the petitioner who is sole accused in C.C.No.227/2014 on the files Judicial First Class Magistrate Court-XII, Thiruvananthapuram to deposit 20% of the fine amount i.e Rs.17,35,000/-, at the time when the sentence imposed by the trial court is assailed in the appeal. One months’ time was granted from 25.09.2021 for depositing 20% of the fine amount, and it was already expired on 25.10.2021. Therefore, the petitioner approached the court below again seeking for extension of time. The court has granted two months’ time from 25.10.2021 by Annexure A3 order. The period extended also got expired on 25.12.2021.
3. In the said circumstances that the petitioner has
approached this court seeking to quash Annexures A2 and A3 orders and thereby to dispense with the condition to deposit 20% of the fine amount. Annexure A2 order was passed under Section 148 of the Negotiable Instruments Act, 1881 (for short ‘the NI Act’). The condition directed to be imposed by Section 148 NI Act is a mandatory one and therefore this Court cannot quash the same. Annexure A3 order is an order extending time. There is no necessity for quashing that order for the reason that, the extension of time is permitted by the provision and granted in favour of the petitioner. Crl.M.C fails and is dismissed. Sd/- MARY JOSEPH JUDGE NAB APPENDIX OF CRL.MC 171/2022 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE ORDER DATED
CRL.APPEAL NO.71/2021 PASSED BY THE ADDITIONAL COURT OF SESSION -I, THIRUVANANTHAPURAM (VACATION COURT). ANNEXURE A2 THE CERTIFIED COPY OF THE ORDER DATED 25.09.2021 IN CRL.M.P NO.885/2021 IN CRL. APPEAL NO.71/2021 PASSED BY THE ADDITIONAL COURT OF SESSION-II, THIRUVANANTHAPURAM DISTRICT. ANNEXURE A3 THE CERTIFIED COPY OF THE ORDER DATED
26.10.2021 IN CRL.MP.NO.1512/2021 IN CRL. MP.NO.885/2021 IN CRL APPEAL NO.71/2021 PASSED BY THE ADDITIONAL COURT OF SESSION-II, THIRUVANANTHAPURAM DISTRICT. ANNEXURE A4 THE TRUE COPY OF THE COVID POSITIVE TESTED CERTIFICATE DATED 30.11.2021 OF THE SON OF THE PETITIONER ISSUED BY DR.MARIA JOHN MD (CONSULTANT MICROBIOLOGIST) DR.GEETHA'S SCAN AND DIAGNOSTIC SERVICES, THIRUVANANTHAPURAM. RESPONDENT’S ANNEXURES: NIL //TRUE COPY// P A TO JUDGE