This order grants the appellant an additional one month to deposit the suspended fine of Rs.3,20,000/- in a cheque dishonour appeal and stays the non-bailable warrant pending compliance.
Additional one month time granted to deposit Rs.3,20,000/- fine and non-bailable warrant kept in abeyance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,
1944
OP(CRL.) NO. 714 OF 2022
AGAINST THE ORDER IN CRL.M.P.NO.1983 OF 2022 IN CRA 224/2022 OF SESSIONS COURT, ERNAKULAM
PETITIONER/2ND PETITIONER/2 ND APPELLANT:
MRS. SHEIKHA ABDULLA, AGED 37 YEARS, D/O. ABDULLA MANAGING PARTNER AND AUTHORISED SIGNATORY M/S. OFF THE GRID INTERIORS, J-10, OXYGEN PARK KANIPAYYOOR P.O., KUNNAMKULAM, THRISSUR 680 517 RESIDING AT J-2 MURALEERAVAM, L.F. CONVENT ROAD, MAMMIYOOR, GURUVAYOOR, THRISSUR 680 101 NOW RESIDING AT KRISHNAPRABHA APARTMENT MUSLIM VEETTIL HOUSE, PUTHANPALLI MAMMIYOOR, GURUVAYOOR, THRISSUR-680 103
BY ADVS. C.HARIKUMAR SANDRA SUNNY ARUN KUMAR M.A
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 A.S. SASIDHARA SHENOY, AGED 64 YEARS S/O. LATE A.L. SASIDHARA SHENOY AKKARAPARAMBIL HOUSE, VITTAPPA PRABHU ROAD ERNAKULAM, PIN - 682032
2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY SRI.RENJITH GEORGE, P.P.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 714 OF 2022
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J U D G M E N T
The petitioner is the 2nd accused in a prosecution under Section 138 of the Negotiable Instruments Act. She was convicted by the trial court. She preferred an appeal against the conviction before the Sessions Court, Ernakulam (for short 'the appellate court'). The appellate court suspended the execution of sentence on condition, among other things, that she shall deposit a sum of Rs.3,20,000/- out of the fine amount before the court below within a period of two months.
OP(CRL.) NO. 714 OF 2022
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In the result, this O.P.(Crl.) is disposed of as follows:
Sd/- DR.KAUSER EDAPPAGATH, JUDGE
AS
OP(CRL.) NO. 714 OF 2022
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APPENDIX OF OP(CRL.) 714/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ORDER IN CRL.M.P.NO 1983 OF 2022 IN CRL.A.NO 224 OF 2022 PASSED BY THE HON'BLE SESSIONS COURT, ERNAKULAM DATED 25.07.2022
2 issues framed by the court
Whether enlargement of time for deposit of fine amount suspended on conviction by the appellate court is maintainable.
Whether the appellant can seek further time to deposit the fine amount to keep non-bailable warrant in abeyance.
1 provisions across 1 enactments
MRS. SHEIKHA ABDULLA
STATE OF KERALA
DR JUSTICE KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
