LAWS(KER)-2022-6-56

AMEER Vs. STATE OF KERALA

Decided On June 21, 2022
AMEER Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C ') seeking for enlargement of time for deposit of 20% of cheque amount ie. Rs.80,000.00 within a period of two months from 6/3/2021.

(2.) The copy of the order is produced alongwith the petition on hand as Annexure A1. Annexure A1 order was passed in Crl.M.P.No.748/2021, suspending the execution of the sentence imposed by the judgment assailed in Crl. Appeal No.33/2021. Under Sec. 148 of the Negotiable Instruments Act, 1881 (for short 'NI Act ') the petitioner is entitled to get 60 days ' time initially and thereafter, to a further period of 30 days on sufficient cause being shown. The petitioner did not approach the court below on expiry of the period granted by it seeking to get the time for payment extended showing sufficient reasons. Only when compulsory measures were initiated against him, he rushed to this Court seeking for enlargement of time.

(3.) The petitioner has produced the order in suo motu Writ Petition (C) No.03/2020 wherein the Apex Court had extended the period of limitation in all matters upto 30/5/2022. The period granted by the Apex Court is also expired. Petitioner has approached this Court only on 13/6/2022 ie. 12 days after the date on which the period extended by the Apex Court was expired.