Sreedevi Biju vs Meenu.V.A

Kerala High Court

Sreedevi Biju vs Meenu.V.A on 23 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
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       CRL.MC NO. 4337 OF 2024
 AGAINST THE ORDER DATED 06.03.2024 IN CRMP NO.965 OF 2024 IN CRA
        NO.55 OF 2024 OF DISTRICT & SESSIONS COURT, ALAPPUZHA
PETITIONER/ APPELLANT :

            SREEDEVI BIJU
            AGED 45 YEARS
            W/O.BIJU VASUDEVAN, BIJU BHAVANAM,
            KATTUNGALKAMBIKKAKAM, THONDANKULANGARA WARD,
            AVALUKUNNU.P.O., ALAPPUZHA, PIN-688006, PRESENTLY
            RESIDING AT THATTASSERIL HOUSE, KIDANGAMPARAMBU WARD,
            NEAR NEW PUMP HOUSE, KAPPUMUKKU, THATHAMPALLY.P.O.,
            ALAPPUZHA., PIN - 688013

            BY ADVS.
            RAJESH VIJAYAN
            SIKHA S.NAIR



RESPONDENT/ RESPONDENT :

    1       MEENU.V.A.
            AGED 34 YEARS, W/O.SATHEESAN,
            RESIDING AT KASHAMPULIKKALCHIRA,
            THONDANKULANGARA WARD, AVALUKUNNU.P.O.,
            ALAPPUZHA, PIN - 688 006

    2       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682 031



            SREEJA V., PUBLIC PROSECUTOR




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4337 OF 2024
                                     2

                     BECHU KURIAN THOMAS, J.
                  ---------------------------------------
                       Crl.M.C.No.4337 of 2024
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                 Dated this the 23rd day of May, 2024


                                  ORDER

Petitioner is the accused in S.T.No.60 of 2022 on the files of the Judicial First Class Magistrate's Court-IV, Alappuzha. She was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'N.I.Act'). As per Annexure-I judgment in S.T.No.60 of 2022, she was directed to pay a compensation of Rs.3,66,395/-. In the appeal filed as Crl.A.No.55 of 2024, the learned Sessions Judge had by the impugned order dated 06.03.2024 suspended the sentence and also directed 20% of the fine amount to be deposited under Section 148 of the N.I. Act. Petitioner is aggrieved by the direction to deposit the aforesaid amount.

2. I have heard Adv.Rajesh Vijayan, the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.

3. Considering the nature of the impugned order, I am of the view that notice to the first respondent can be dispensed with.

4. In the decision in Sreenivasan P. v. Babu Raj [2024 KHC Online 270], the Division Bench of this Court after considering the decision in Jamboo Bhandari v. M.P.State Industrial Development Corporation Ltd. [(2023) 10 SCC 446] held that reasons ought to be CRL.MC NO. 4337 OF 2024 3 mentioned for exercising the discretion to impose the condition directing deposit of a percentage of the compensation amount. In Sreenivasan's case (supra), the Division Bench of this Court held as follows :-

(a) Under Section 148 of the N.I.Act, the Appellate Court has a discretion to either order the appellant to deposit a portion of the fine or compensation awarded by the trial court or to waive such deposit.

In either event, since it would be exercising a statutory discretion, the Appellate Court would be legally obliged to furnish reasons for its decision so as to unambiguously indicate that its discretion was exercised keeping in mind the object of the statutory provision.

(b) If the Appellate Court, pursuant to the exercise of its discretion, finds that the appellant is required to deposit a portion of the fine or compensation awarded by the trial court pending disposal of the appeal, then the amount directed to be deposited cannot be less than an amount equivalent to 20% of the fine or compensation awarded by the trial court.

(c) If the Appellate Court chooses to direct the appellant to deposit any sum which is more than 20% of the fine or compensation awarded by the trial court, then it would be obliged to give further reasons for directing the deposit of such amounts as are in excess of the minimum of 20% of the fine or compensation awarded by the trial court.

5. It is evident, on a reading of Annexure-2 impugned order that the condition to deposit 20% of the fine amount was imposed by the Sessions Court without indicating any reason. Hence the impugned order to that extent is liable to be set aside and a fresh consideration be directed.

Accordingly, the order dated 06.03.2024 in Crl.M.P.No.965 of 2024 CRL.MC NO. 4337 OF 2024 4 in Crl.A.No.55 of 2024 on the files of the Sessions Court, Aappuzha to the extent it directs deposit of 20% of the fine amount is set aside. The learned Sessions Judge shall reconsider the matter regarding deposit under Section 148 of the N.I. Act afresh, within three weeks from the date of receipt of a copy of this order, in accordance with law.

The Registry of this Court shall intimate this order to the learned Sessions Judge for compliance.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM CRL.MC NO. 4337 OF 2024 5 APPENDIX OF CRL.MC 4337/2024 PETITIONER'S ANNEXURES :

Annexure 1          TRUE   COPY    OF   THE   JUDGMENT DATED
                    31.01.2024 IN S.T.NO. 60/2022 PASSED BY
                    THE   HONOURABLE  JUDICIAL   FIRST CLASS
                    MAGISTRATE COURT-IV, ALAPPUZHA.

Annexure 2          TRUE COPY OF THE ORDER DATED 06.03.2024
                    IN CRL.M.P.NO. 965 OF 2024 IN CRL. APPEAL
                    NO. 55 OF 2024 PASSED BY THE SESSIONS
                    JUDGE, ALAPPUZHA.