In an original civil revision petition under Article 227, the High Court of Kerala granted the petitioner an extension of 45 days to deposit 20% of the cheque amount mandated under Section 143(2) of the Negotiable Instruments Act.
Time extension of 45 days granted to deposit the amount of Rs. 1,75,000/-
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944
OP(CRL.) NO. 463 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRA 179/2019 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - IV, KOTTAYAM / II ADDITIONAL MACT,
KOTTAYAM
PETITIONER/APPELLANT:
KULSAM BEEVI ISMAIL
AGED 65 YEARS
W/O LATE ISMALL, PUTHENVEEDU,
(PALAKKUNNEL) HOUSE, PALAMBRA P.0,
MUKKALI, KOTTAYAM DISTRICT, PIN - 686518
BY ADV S.SUJINI
RESPONDENTS/RESPONDENTS:
1JUSIN SEBASTIAN
AGED 45 YEARS
S/O SEBASTIAN , KUNNAALLY KOTTARATHIL,
NADAKKAL P.0, ERATTUPETTA,
KOTTAYAM, PIN - 686121
2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031SR.PP-SRI.T.R.RENJITH
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
10.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 463 OF 2022
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JUDGMENT
Dated this the 10th day of October, 2022
This is a petition filed under Article 227 of the Constitution of India, challenging Ext.P4 order dated 15.11.2021 in Crl.M.P.No.179/2019 in Crl.A.No.179/2019 passed by the Additional Sessions Court-II (Special), Kottayam.
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OP(CRL.) NO. 463 OF 2022
as per order impugned, the learned Additional Sessions Judge extended the time to 03.01.2022. It is submitted by the learned counsel for the petitioner further that the petitioner is not in a position to deposit the amount and therefore, amount failed to be deposited in obedience to the original order or as per the impugned order, whereby time extension was granted. She would submit that two months’ time more is required to deposit the amount.
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OP(CRL.) NO. 463 OF 2022
Since the prayer that has been canvassed in this petition is grant of time to deposit the amount, I am inclined to grant 45 days’ time more from today to deposit the amount, with direction to the petitioner to deposit the same positively, within the said period.
This original petition stands disposed of as indicated above.
Registry is directed to forward a copy of this order to the court below concerned, within two weeks, for information and compliance.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
OP(CRL.) NO. 463 OF 2022
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APPENDIX OF OP(CRL.) 463/2022
PETITIONER EXHIBITS
Exhibit P1
Exhibit P1TRUE COPY OF THE JUDGMENT IN ST
NO.1599/2016 DATED 28.03.2019, PASSED
BY THE LEARNED JUDICIAL FIRST CLASS
MAGISTRATE COURT, ERATTUPETTA
Exhibitp2TRUE COPY OF APPEAL FILED BEFORE THE
HONARABLE SESSIONS COURT KOTTAYAM IN
CRL APPL NO 179/2019
Exhibit3TRUE COPY OF THE PETITION FILED AS
TRUE COPY OF THE PETITION FILED AS
CRL. MP NO. 1736/2021 IN CRL.APPEAL
NO.179/2019 DATED 21.10.2021, BEFORE
THE ADDITIONAL SESSIONS COURT- 11,
KOTTAYAM
Exhibit P4
TRUE COPY OF THE ORDER IN CRL.MP NO.
1736/2021 IN CRL.APPEAL NO.179/2019
DATED 15.11.2021. TRUE COPY OF THE
ORDER PASSED BY ADDITIONAL SESSIONS
JUDGE-II ( SPECIAL), KOTTAYAM
1 issue framed by the court
Whether to grant additional time to the petitioner to deposit the required amount under Section 143(2) of the Negotiable Instruments Act.
2 provisions across 2 enactments
KULSAM BEEVI ISMAIL
JUSIN SEBASTIAN
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court