O.P.(Crl.) No. 235 of 2025 ..1.. 2025:KER:30238 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 OP(CRL.) NO. 235 OF 2025 AGAINST THE ORDER DATED 24.06.2024 IN C.M.P.NO.1209 OF 2024 IN Crl.APPEAL NO.233 OF 2024 OF SESSIONS COURT, KOZHIKODE PETITIONERS/APPELLANTS/ACCUSED 1 & 2: 1 M/S P.V.SADASIVA CINEMA PVT. LTD, TANUR, REPRESENTED BY ITS MANAGING DIRECTOR, P.S.NATARAJ, AGED 54 YEARS, S/O LATE SADASIVA, TANUR MALAPPURAM DISTRICT, PIN - 676302 2 P.S.NATARAJ AGED 54 YEARS MANAGING DIRECTOR, S/O LATE SADASIVA, NATARAJ BHAVAN, TANUR.P.O, MALAPPURAM DISTRICT, PIN - 676302 BY ADVS. K.SANEESH KUMAR V.B.SANTHINI RADHIKA RAMACHANDRAN RESPONDENTS/RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 RANI.K.P AGED 44 YEARS, W/O VIJAYARAGHAVAN, PROPREITOR, M/S COOLNEST, EAST HILL ROAD, WEST HILL, KOZHIKODE DISTRICT- 673005, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, B.SREEKANTH, S/O BALAN AGED 29 YEARS, O.P.(Crl.) No. 235 of 2025 ..2.. 2025:KER:30238 IYYAKUNI PARAMBIL, MUNDUPALAM ROAD, KUTTIKKATTUR, KOZHIKODE DISTRICT, PIN - 673008 SMT. SREEJA V., SR. PP THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(Crl.) No. 235 of 2025 ..3.. 2025:KER:30238 J U D G M E N T The petitioners were the accused in S.T.No. 64 of 2019 on the file of the Special Judicial First Class Magistrate Court (N.I.Act Cases), Kozhikode (for short, 'the trial court'). They were convicted and sentenced for the offence punishable under Section 138 of the N.I.Act as per the judgment dated 23.05.2024. They preferred an appeal against the judgment of conviction and sentence before the Sessions Court, Kozhikode (for short, 'the appellate court') as Crl.Appeal No.233 of 2024. They also filed C.M.P.No. 1209 of 2024 to suspend the execution of the sentence under Section 389(1) of Cr.P.C. The appellate court passed an order to suspend the execution of the sentence on condition, among other things, that the petitioners shall deposit 20% of the fine amount before the trial court. 2. According to the petitioners, they preferred Ext.P4 petition before the appellate court seeking extension of time to deposit the fine amount. The prayer in this original petition is O.P.(Crl.) No. 235 of 2025 ..4.. 2025:KER:30238 to give a direction to the appellate court to dispose of Ext.P4 petition. 3. I have heard Sri.K. Saneesh Kumar, the learned counsel for the petitioners and Smt.V.Sreeja, the learned Senior Public Prosecutor. 4. The learned counsel for the petitioners submitted that the petitioners are prepared to deposit 20% of the fine amount within a week. Hence, the condition in the order dated 24.06.2024 in C.M.P. No. 1209 of 2024 passed by the appellate court that the petitioners shall deposit 20% of the fine amount within 60 days is extended for a further period of one week from today. Till one week, all coercive actions shall be kept in abeyance. This original petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA O.P.(Crl.) No. 235 of 2025 ..5.. 2025:KER:30238 APPENDIX OF OP(CRL.) 235/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CRIMINAL APPEAL NO.233/2024 FILED BY THE PETITIONERS BEFORE THE DISTRICT AND SESSIONS COURT, KOZHIKODE. DATED 5.06.2024 EXHIBIT P2 A TRUE COPY OF THE STAY /SUSPENSION PETITION WHICH IS FILED AS C.M.P NO. 1209 OF 2024 BEFORE THE DISTRICT AND SESSIONS COURT, KOZHIKODE BY THE PETITIONERS ON 9.6.2024. EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED BY THE COURT OF SESSION, KOZHIKODE DISTRICT, DATED 24.6.2024. EXHIBIT P4 A TRUE COPY OF THE PETITION SUBMITTED BY THE 2ND PETITIONER AS C.M.P 505/2024 IN CRIMINAL APPEAL 233/2024 DATED 22.11.2024 BEFORE THE IST ADDITIONAL SESSIONS COURT, MARAD CASES, KOZHIKODE