Kerala High Court
Sarun.P.Unni 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
OP(CRL.) NO. 964 OF 2023
AGAINST THE ORDER/JUDGMENT CRA 135/2023 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT - III, ALAPPUZHA / III
ADDITIONAL MACT, ALAPPUZHA
PETITIONER/S:
SARUN.P.UNNI, AGED 32 YEARS
S/O. P.K.UNNI, PUTHENPARAMBIL, KUZHIMATTAM.P.O,
KOTTAYAM, PIN - 688533
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
JEENA A.V.
THOMAS THOMAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA,, PIN - 682031
2 JOHNY.P.P, AGED 42 YEARS
S/O. PETER, PUTHENPURACKAL HOUSE, POLLETHAI.P.O,
ALAPPUZHA, PIN - 688522
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR(KAR/171/1998)
OTHER PRESENT:
SRI HRITHWIK C.S., PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
O.P.(Crl.)No. 964 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
O.P.(Crl.)No. 964 of 2023
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Dated this the 21st day of December, 2023
JUDGMENT
The above original petition is filed with following prayers:
"(i) To call for the records leading to Exhibit P2 order and
set aside that portion of Exhibit P2 order to the extent
which direct the petitioner/ appellant to deposit 20% of the
fine amount for suspending the execution of the sentence
upon the accused as per Exhibit P1 judgment.
(ii) to issue such other further reliefs as this Honorable
Court may deem fit and proper in the facts and
circumstances of this case. " (sic)
2. The petitioner is aggrieved by Ext.P2 order by which he is
directed to deposit 20% of the find amount imposed by the trial court
as per Ext.P1 judgment invoking the powers under Section 148 of the
Negotiable Instruments Act (NI Act for short).
3. The petitioner was convicted and sentenced by the Judicial
First Class Magistrate Court, Alappuzha in CC No.182 of 2020 under
Section 138 of NI Act. He was sentenced to undergo imprisonment
till the rising of the court and to pay a fine of Rs.5,18,000/-.
Aggrieved by the conviction and sentence, the petitioner filed an
appeal before the Sessions Court, Alappuzha. The Additional Sessions
Judge-III, Alappuzha considered the appeal and passed an order in the
suspension petition filed along with the appeal as evident by Ext.P2.
In Ext.P2, the learned Sessions Judge directed the petitioner to deposit
20% of the fine amount before the trial court, in the light of Section
148(1) of the NI Act. Hence, this original petition is filed.
4. Heard counsel for the petitioner and the public prosecutor. I
also heard the counsel appearing for the 2nd respondent.
5. After hearing both sides and also considering the dictum laid
down by this Court in Baiju v. State of Kerala [2023 KHC Online
829], I think the impugned order is to be set aside. While imposing
the direction to deposit the amount under Section 148 of the NI Act,
the Sessions Judge has not considered the matter in detail. It is not a
speaking order. In the light of the principle laid down by this Court in
Baiju's case (supra) a speaking order is necessary. Therefore, that
part of Ext.P2 order is to be set aside.
Therefore, this Original Petition is allowed in the following
manner:
1. Ext.P2 order to the extent it directs to deposit 20% of the
fine amount before the trial court as per section 148 (1) of
the NI Act, alone is set aside. The Additional Sessions
Judge-III, Alappuzha is directed to reconsider the same, in
the light of the principle laid down by this Court in Baiju's
case (supra).
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
APPENDIX OF OP(CRL.) 964/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
22.06.2023 IN C.C. NO. 182/2020 OF THE
HON'BLE CHIEF JUDICIAL MAGISTRATE
COURT, ALAPPUZHA
Exhibit P2 TRUE COPY OF THE ORDER DATED 17.10.2023
IN CRL.M.P NO. 3492/2023 IN CRL. APPEAL
NO. 135/2023 ON THE FILES OF THE
HON'BLE SESSIONS JUDGE-III, ALAPPUZHA
