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2026 Supreme(Online)(Ker) 34495

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Bichu Krishnan – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 4049 OF 2026



Advocates:
For the Appellants/Petitioners: K. Siju, Anjana Kannath, Safna P.S.
For the Respondents: C.S. Hrithwik

The High Court may exercise its inherent jurisdiction to extend strict timelines imposed by lower appellate courts for depositing compensation when the failure to comply is due to substantiated medical exigencies.

Headnote:The petitioner sought an extension of time to comply with a conditional order for suspension of sentence passed by the Appellate Court under the Negotiable Instruments Act. The petitioner, having been convicted under S. 138 of the Negotiable Instruments Act, was directed to deposit 20% of the compensation amount as a condition for suspension of sentence but failed to do so within the stipulated time due to health complications arising from hypertension and diabetes, as evidenced by a medical certificate. The core issue is whether the Court, under its inherent jurisdiction, can extend the time period for complying with a condition for suspension of sentence when the failure to comply is attributed to genuine health crises. The Court reasoned that the request for additional time was reasonable and justifiable given the medical exigencies, and therefore, in exercise of its inherent powers, it was appropriate to modify the timeline set by the Appellate Court to ensure the petitioner is not unfairly prejudiced. The Court allowed the petition and extended the time to deposit the compensation amount, stipulating that the execution of the sentence remains suspended upon compliance with the condition and the execution of a bond.

Table of Content
1. petitioner requests extension of time for conditional deposit due to medical incapacity. (Para 1 , 2)
2. court exercises inherent jurisdiction to extend compliance timelines based on verified medical grounds. (Para 3 , 4 , 5)

ORDER

Aggrieved by Annexure A1 judgment passed by the Court of the Judicial First Class Magistrate – I, Kollam (Trial Court) in ST No.409/2022, a complaint filed by the 2nd respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'N.I Act'), the petitioner has preferred Crl.Appeal No.216/2025 before the Appellate Court, Kollam. Along with the appeal, the petitioner also filed an application to suspend the execution of the sentence. By Annexure A3 order, the Appellate Court has suspended the execution of sentence, subject to the condition that he has to deposit 20% of the compensation amount within the statutory period. As the petitioner is suffering from hypertension and diabetes, he could not deposit the compensation amount within the stipulated time limit. However, he is ready and willing to deposit the said amount. Therefore, he may be granted some more time to raise the necessary funds. 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. is filed for extension of the time for depositing the compensation amount, notice to the 2nd respondent is dispensed with.

3. By Annexure A3 order, the Appellate Court directed the petitioner to deposit 20% of the compensation amount within sixty days from 22.12.2025.

4. It is the specific case of the petitioner that, as he was laid up due to hypertension and diabetes, which stands corroborated by Annexure A4 medical certificate, he could not raise the amount within the stipulated period. Nonetheless, he is ready and willing to deposit the said amount, provided he is granted thirty more days. I find the above request to be reasonable and justifiable.

5. In the aforesaid circumstances and for the reasons mentioned above, in exercise of the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in supersession of the time period fixed in Annexure A3 order, I enlarge the time period to deposit 20% of the compensation amount till 04.07.2026. If the petitioner deposits the compensation amount within 04.07.2026, the execution of the sentence will stand suspended, provided the petitioner also executes a bond for Rs.25,000/- with two solvent sureties for the like sum to the satisfaction of the trial court.

The Crl.M.C is disposed of as above.

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