The Court exercised inherent powers to extend the time for fine payment under the Negotiable Instruments Act, emphasizing reasonable grounds for requests for extensions.

C.S.DIAS, J.

---------------------------------------------

Crl.M.C. No.1682 OF 2026 -----------------------------------------------

Dated this the 2^nd day of March, 2026 ORDER Aggrieved by the conviction and sentence imposed on the petitioner by the Court of the Judicial First Class Magistrate-I, Hosdurg (‘Trial Court’), as per Annexure AI order, for allegedly committing an offence under Section 138 of the Negotiable Instruments Act (‘N.I.Act’, in short), the petitioner preferred Crl.A.No.90/2024 before the Court of Session, Kasaragod (‘Appellate Court’). Along with the appeal, the petitioner filed an application to suspend the substantive sentence and fine imposed on the petitioner. The Appellate Court suspended the sentence, subject to the condition that the petitioner deposits 20% of the fine amount within 60 days. By Annexure AII order, the Appellate Court granted a further extension upto 30.08.2024 to remit the above amount. However, due to circumstances beyond the petitioner’s control, he could not deposit the said amount. Accordingly, he filed an application seeking a further extension of time. But, by Annexure AIV order, the Appellate Court has dismissed the application on the ground that there is no enabling provision to extend the time period beyond sixty days. Annexure AIV order is onerous and unreasonable. 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 the suspension of execution of sentence, I dispense with notice to the 1^st respondent.

3. The learned Counsel for the petitioner submits that, the petitioner only prays for 30 days time to deposit the 20% of the fine amount as ordered by the Appellate Court. I find the above submission to be reasonable and justifiable.

In the aforesaid circumstances, notwithstanding Annexure AIV order, in exercise of the inherent powers of this Court under Section 528 of the BNSS , I extend the time period fixed in Annexure AII order till 31.03.2026. If the petitioner deposits the fine amount on or before 31.03.2026, the Trial Court is directed to accept the said amount. It is made clear that this Court will not grant any further extension. The non-bailable warrant issued against the petitioner shall be kept in abeyance till 31.03.2026.

sd/-