Kerala High Court
A.K Unnikrishnan vs State Of Kerala on 21 December, 2023
Author: P. V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
1945
CRL.MC NO. 10869 OF 2023
AGAINST THE ORDER IN CRA 452/2023 OF ADDITIONAL DISTRICT &
SESSIONS COURT,MUVATTUPUZHA
ST 297/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS
I ,PERUMBAVOOR
PETITIONER/PETITIONER/APPELLANT:
A.K UNNIKRISHNAN, AGED 51 YEARS, S/O LATE.
SRI.A.K KUNJAN, ACHAKOTTIL HOUSE, PANDAPILLY P.O,
ARAKUZHA VILLAGE, MUVATTUPUZHA, ERNAKULAM
DISTRICT, (PROPRIETOR, ACHAKOTTIL JEWELS,
KACHERITHAZHAM, MUVATTUPUZHA, ERNAKULAM) - 686662
BY ADVS.
SHIJU VARGHESE
SACHU THOMAS
RESPONDENT/STATE/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 M G SASIDHARAN, S/O. LATE M GOVINDAN, AGED 64
YEARS, MOOLEPURAM HOUSE, MUDICKAL P O,
PERUMBAVOOR, KUNNATHUNADU TALUK, MARAMPILLY
VILLAGE, ERNAKULAM DISTRICT, PIN - 683547
BY ADVS.
SAJI VARGHESE
N.K.KARNIS(K/280/1984)
AMALENDU A.(K/1980/2020)
RENJITH T R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
1945
CRL.MC NO. 10812 OF 2023
AGAINST THE ORDER IN CRA 453/2023 OF ADDITIONAL DISTRICT &
SESSIONS COURT,MUVATTUPUZHA
ST 528/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS I,
PERUMBAVOOR
PETITIONER/PETITIONER/APPELLANT:
A.K UNNIKRISHNAN, AGED 51 YEARS, S/O LATE.
SRI.A.K KUNJAN, ACHAKOTTIL HOUSE, PANDAPILLY P.O,
ARAKUZHA VILLAGE, MUVATTUPUZHA, ERNAKULAM
DISTRICT, (PROPRIETOR, ACHAKOTTIL JEWELS,
KACHERITHAZHAM, MUVATTUPUZHA, ERNAKULAM) - 686662
BY ADVS.
SHIJU VARGHESE
SACHU THOMAS
RESPONDENT/RESPONDENT/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 A K SUDHA, W/O M G SASIDHARAN, AGED 61 YEARS,
MOOLEPURAM HOUSE, MUDICKAL P O, PERUMBAVOOR,
KUNNATHUNADU TALUK, MARAMPILLY VILLAGE, ERNAKULAM
DISTRICT, PIN - 683547
BY ADVS.
SAJI VARGHESE
N.K.KARNIS(K/280/1984)
AMALENDU A.(K/1980/2020)
RENJITH T R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.Nos.10869 & 10812 of 2023
3
P. V. KUNHIKRISHNAN, J.
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Crl.M.C.Nos.10869 and 10812 of 2023
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Dated this the 21st day of December, 2023
COMMON ORDER
These two Criminal Miscellaneous Cases are filed by the same
person who is the appellant in Crl.Appeal.Nos.452/2023 and
453/2023 pending before the Additional District & Sessions Court,
Muvattupuzha. The petitioner was convicted and sentenced by the
Judicial First Class Magistrate Court-I, Perumbavoor in
S.T.Nos.297/2023 and 528/2023. The petitioner filed separate
appeals before the Sessions Court and the Sessions Court admitted
the appeal and suspended the sentence on condition that the
petitioner will deposit an amount of Rs.8,53,340/- and
Rs.32,75,000/- respectively. Aggrieved by the same, these Crl.M.Cs
are filed.
2. Heard counsel for the petitioner and the counsel
appearing for the contesting respondents.
Crl.MC.Nos.10869 & 10812 of 2023
3. This Court in Baiju v. State of Kerala [2023 KHC
Online 829] held that, while invoking the powers under section 148
of the Negotiable Instruments Act, the appellate court should pass a
speaking order. A perusal of the impugned order in this case would
show that, it is not a speaking order. I am of the considered opinion
that the impugned orders in these cases are to be set aside and there
can be a direction to the appellate court to reconsider the matter in
the light of the judgment laid down by this Court in Baiju's case
(supra).
Therefore, these Crl.M.Cs are disposed of in the following manner:
Crl.M.C.No.10869/2023:
a) Annexure-A3, order by which the petitioner is
directed to deposit an amount of Rs.8,53,340/- out
of the fine amount alone is set aside.
b) The Additional District and Sessions Court,
Muvattupuzha is directed to reconsider the matter
in the light of the principle laid down in Baiju's
case (supra) as expeditiously as possible, at
any rate within two weeks from the date of receipt
of a copy of this order.
c) Coercive steps against the petitioner shall be kept
in abeyance till final orders are passed by the trial
court as directed above.
Crl.MC.Nos.10869 & 10812 of 2023
Crl.M.C.No.10812/2023:
a) Annexure-A3, order by which the petitioner is
directed to deposit an amount of Rs.32,75,000/-
out of the fine amount alone is set aside.
b) The Additional District and Sessions Court,
Muvattupuzha is directed to reconsider the matter
in the light of the principles laid down in Baiju's
case (supra) as expeditiously as possible, at any
rate within two weeks from the date of receipt of a
copy of this order.
c) Coercive steps against the petitioner shall be
kept in abeyance till final orders are passed by
the trial court as directed above.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
Crl.MC.Nos.10869 & 10812 of 2023
APPENDIX OF CRL.MC 10812/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE APPEAL MEMORANDUM IN
CRIMINAL APPEAL NO.453/2023 DATED
13.11.2023
Annexure A2 TRUE COPY OF THE CRIMINAL M.P. NO.
332/2023 IN CRIMINAL APPEAL NO.453/2023
DATED 13.11.2023
Annexure A3 TRUE COPY OF THE ORDER IN CRIMINAL M.P.
NO. 332/2023 DATED 17.11.2023
Annexure A4 TRUE COPY OF THE JUDGMENT IN CRL. M.C.
8844/2023 DATED 1.12.2023
APPENDIX OF CRL.MC 10869/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE APPEAL MEMORANDUM IN
CRIMINAL APPEAL NO.452/2023 DATED
13.11.2023
Annexure A2 TRUE COPY OF THE CRIMINAL M.P. NO.
331/2023 IN CRIMINAL APPEAL NO.452/2023
DATED 13.11.2023
Annexure A3 TRUE COPY OF THE ORDER IN CRIMINAL M.P.
NO. 331/2023 IN CRIMINAL APPEAL
NO.452/2023 DATED 17.11.2023
Annexure A4 TRUE COPY OF THE JUDGMENT IN CRL. M.C.
8844/2023 DATED 1.12.2023
