Sajir Vaniyidathil vs C P Moosa

Kerala High Court

Sajir Vaniyidathil vs C P Moosa on 21 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       CRL.MC NO. 4228 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 29.04.2024 IN CRA NO.81 OF 2024
OF DISTRICT COURT & SESSIONS COURT,THALASSERY ARISING OUT OF THE
ORDER/JUDGMENT DATED 04.04.2024 IN ST NO.259 OF 2022 OF CHIEF
JUDICIAL MAGISTRATE ,THALASSERY
PETITIONER:

            SAJIR VANIYIDATHIL
            AGED 34 YEARS
            S/O AHAMAD BASHEER, RESIDING AT BUSHRA MANZIL,
            PALOTTPALLI, MATTANNUR P.O, KANNUR DISTRICT, PIN -
            670702
            BY ADVS.
            M.K.SUMOD
            VIDYA M.K.
            THUSHARA.K
            NAMITHA GEORGE


RESPONDENTS:

    1       C P MOOSA
            AGED 60 YEARS
            S/O MAMMU RESIDING AT CHOOLOTT, PUTHIYAPURAYIL (H),
            KANJIRODE P.O., KANNUR DISTRICT, PIN - 670592
    2       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
            ERNAKULAM, PIN - 682031
OTHER PRESENT:

            PP. SREEJA V


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4228 OF 2024
                                   2

                  BECHU KURIAN THOMAS, J.
                  -----------------------------------------
                     Crl.M.C.No. 4228 of 2024
                   ----------------------------------------
               Dated this the 21st day of May, 2024


                                ORDER

Petitioner was the accused in S.T.No. 259/2022 of the Chief Judicial Magistrate Court, Thalassery. The said proceedings were initiated under Section 138 of the Negotiable Instrument Act, 1881, and by judgment dated 04-04-2024 he was convicted and sentenced to pay a fine of Rs. 40,00,000/-(Rupees forty lakhs only).

2. On appeal filed as Crl.Appeal No.81/2024, the learned Sessions Judge suspend the sentence, but directed the petitioner to deposit 20% of the fine amount within two months. The said direction to deposit 20% is impugned in this petition under Section 482 of the Cr.P.C.

3. I have heard Sri.M.K.Sumod, the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor. Considering the nature of the contentions urged and the order proposed to be issued, I am of the view that notice to the 1 st respondent can be dispensed with.

CRL.MC NO. 4228 OF 2024 3

4. In the decision in Jamboo Bhandari v. M.P.State Industrial Development Corporation LTD & ORS [2023 INSC 822] and Sreenivasan P. v. Babu Raj [2024 KHC Online 270], it was held that the condition directing a deposit of 20% must provide reasons.

5. Since no reasons of any nature have been mentioned in Annexure A5, I am of the view that the said order, to the extent it directs deposit of 20% of the fine amount is liable to be set aside and a fresh decision be directed to be taken.

6. Accordingly, Annexure A5 order dated 29-04-2024 in Crl.M.P.No.2682/2024 in Crl.A.No.81/2024 is set aside to the extent it directs deposit of 20% of the fine amount within two months. The learned Sessions Judge shall consider afresh the direction to deposit 20% in accordance with the decisions mentioned above. The fresh order shall be issued within four weeks from the date of receipt of a copy of this judgment.

This Crl.M.C is allowed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM/22/5/24 CRL.MC NO. 4228 OF 2024 4 APPENDIX OF CRL.MC 4228/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE COMPLAINT FILED BY THE DE-FACTO COMPLAINANT IN STC NO. 259/ 2022 BEFORE THE CHIEF JUDICIAL MAGISTRATE, THALASSERY IN AUGUST 2022 Annexure A2 TRUE COPY OF THE JUDGMENT IN STC NO.

259/2022 DATED 04/04/2024 OF CJM, THALASSERY Annexure A3 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE DE-FACTO COMPLAINANT AND ACCUSED DATED 15/10/2018 Annexure A4 TRUE COPY OF THE CHEQUE RETURN MEMO DATED 18/05/2022 OF THE UNION BANK OF INDIA, CHAKKARAKKAL BRANCH Annexure A5 TRUE COPY OF THE ORDER IN CRL. M.P NO. 2682/2024 IN CRL. APPEAL NO.

81/2024 DATED 29/04/2024 OF THE COURT OF SESSION, THALASSERY