Court allowed additional time for fine payment due to financial hardship related to medical treatment.

O R D E R

Aggrieved by the judgment in S.T. No. 13/2018 passed by the Court of the Judicial First Class Magistrate-IV, Palakkad (‘Trial Court’, for brevity), convicting and sentencing the petitioner for the offence under Section 138 of the Negotiable Instruments Act (‘NI Act’, for short), the petitioner has filed Crl. Appeal No. 108/2025 before the Court of Session, Palakkad (‘Appellate Court’, for short). Along with the appeal, the petitioner has also filed an application to suspend the execution of the substantive sentence and fine imposed on her. However, by the impugned Annexure A1 order, the Appellate Court has suspended the sentence subject to the condition that the petitioner deposit 15% of the fine amount within the 60 days from the date of the order. Subsequently, by Annexure A2 order, this Court extended the time by a further period of 60 days. However, since the petitioner’s husband is suffering from tuberculosis and is undergoing treatment, the petitioner is facing severe financial hardship. Hence, she could not deposit the fine amount within the stipulated time period in Annexure A2 order. Now, with great difficulty, the petitioner has raised the fine amount. Accordingly, she approached the Trial Court to deposit the fine amount. But, by Annexure A4 order, the Trial Court has rejected the application. The petitioner is willing to deposit the fine amount as directed in Annexures A1 and A2 orders within a week. Hence, the petitioner may be granted one last opportunity and extension to deposit the fine amount. Hence, the Crl.M.C.

2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor. In view of the relief I propose to pass, which pertains to suspension of sentence, I dispense with the notice to the first respondent.

3. On a consideration of the peculiar circumstances of the case, especially the financial hardship projected by the petitioner due to her husband’s medical treatment, I am satisfied that the petitioner has made out convincing grounds to enlarge the time period fixed in Annexure A2 order. Hence, I am inclined to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

In the aforesaid circumstances, I set aside Annexure A4 order and allow CMP No. 467/2025 in S.T. No. 13/2018 of the Trial Court, by permitting the petitioner to deposit 15% of the fine amount ordered in Annexure A1 order on or before 04.02.2026. If the petitioner deposits the amount within the stipulated time period, the Trial Court is directed to accept the same and issue a receipt in favour of the petitioner.

Sd/-