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2026 DAILYLAW 476 (KER)

Chandran S/O Ammukuttimma v. Johny S/O Anthony

2026-03-17

C S Dias

body2026
ORDER : C.S.DIAS, J. 1. Aggrieved by the Annexure A1 judgment passed by the Court of the Judicial First Class Magistrate, Chalakudy, (‘Trial Court’, for short) in S.T.No.1612/2018, convicting and sentencing the petitioner for committing an offence under Section 138 of the Negotiable Instruments Act , the petitioner has filed Crl.Appeal No. 153/2025 before the Court of the Additional Sessions Judge, Irinjalakuda (‘Appellate Court’, in short). Along with the appeal, the petitioner also filed an application to suspend the execution of substantive sentence and fine. By Annexure A2 order, the Appellate Court has conditionally suspended the sentence by directing the petitioner to deposit 20% of the compensation amount within 60 days from 24.06.2025. As the petitioner is a septuagenarian and suffering from various age-related ailments as reflected in Annexure A3 medical certificate, the petitioner could not remit the compensation amount within the stipulated time period. Now, the petitioner’s son has arranged the amount and the petitioner is willing to deposit the said amount. However, the petitioner is apprehensive that the Trial Court will not accept the compensation amount since the time period is already lapsed. Hence, the Crl.M.C. 2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor. As the Crl.M.C pertains to suspension of sentence, I dispense with notice to the 1 st respondent. 3. The materials on record reveals that, by Annexure A2 order, the Appellate Court has suspended the execution of sentence, subject to the condition that the petitioner deposits 20% of the fine amount within 60 days from 24.06.2025. True, the time period fixed by the Appellate Court has lapsed. However, taking into consideration the peculiar facts and the circumstances of the case, especially that the petitioner is a septuagenarian and he is suffering from various ailments as reflected in Annexure A3 certificate, I am satisfied that this is a fit case to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita . In the aforesaid circumstances, in supersession of Annexure A2 order, I permit the petitioner to remit the compensation amount as ordered in Annexure A2 order on or before 31.03.2026. If the said amount is deposited within the stipulated time period, the Trial Court shall accept the amount and the sentence imposed against the petitioner shall stand suspended subject to the condition that the petitioner executes a bond for Rs. If the said amount is deposited within the stipulated time period, the Trial Court shall accept the amount and the sentence imposed against the petitioner shall stand suspended subject to the condition that the petitioner executes a bond for Rs. 50,000/- as ordered in Annexure A2 order.