Kerala High Court
Alexander John vs State Of Kerala on 4 April, 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
CRL.MC NO. 3211 OF 2024
CRL.M.P.NO.983 OF 2024 IN CRA NO.105 OF 2024 SESSIONS COURT,
ERNAKULAM
ST NO.101 OF 2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
KALAMASSERY
PETITIONER/ APPELLANT :
ALEXANDER JOHN
AGED 53 YEARS
S/O JOHN FELIX, RESIDING AT P.H-1,
MARUTHAM APARTMENT, PALLIMUKKU, PETTAH,
THIRUVANANTHAPURAM, PIN - 695 024
BY ADVS.
T.I.UNNIRAJA
S.G.SREEKANTH
S.BADUSHA
FAHEEM AHSAN.S
VAIDERSH H.S.
SAMBHU NARAYANAN S.
R.S.VISRUTH
RESPONDENT/ COUNTER PETITIONERS/ RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 RANADEV C.R
AGED 36 YEARS
S/O C.K. RAVEENDRAN, CHEMPARATHY,
MANNUR P.O., PALAKKAD- 678642,
NOW RESIDING AT 2B, SKY LINE EMINENCE,
RAGHAVAPILLAI ROAD, EDAPPALLY,
ERNAKULAM, PIN - 682024
SRI. M.C. ASHI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3211 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.3211 of 2024
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Dated this the 4th day of April, 2024
ORDER
Petitioner challenges Annexure A1 order dated 04.03.2023 in
Crl.M.P.No.983 of 2024 in Crl.A.No.105 of 2024 on the files of the
Sessions Court, Ernakulam directing deposit of Rs.10,00,000/- which is
equivalent to 20% of the fine amount within two months.
2. A perusal of the impugned order reveals that no reasons have
been mentioned for directing deposit of 20% of the fine amount.
3. In the decision in Sreenivasan P. v. Babu Raj [2024 KHC
Online 270], a Division Bench of this Court on a reference made to it
after considering the decisions in Surinder Singh Deswal @
Col.S.S.Deswal and Others v. Virender Gandhi [(2019) 11 SCC
341] and Jamboo Bhandari v. M.P.State Industrial Development
Corporation Ltd. [(2023) 10 SCC 446] held as follows :-
(a) Under S.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
CRL.MC NO. 3211 OF 2024
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.
4. On a perusal of the impugned order, it is explicit that no reasons
whatsoever have been mentioned for directing deposit of 20% of the fine
amount. The requirement of giving reasons to impose 20% of the fine
amount is not satisfied in the impugned order. Therefore it is required to
be set aside.
5. Accordingly, I set aside the impugned order dated 04.03.2024 in
Crl.M.P.No.983 of 2024 in Crl.A.No.105 of 2024 on the files of the
Sessions Court, Ernakulam, and direct the learned Sessions Judge to
reconsider the application, as expeditiously as possible, at any rate,
within a period of three weeks from the date of receipt of a copy of this
order.
The Crl.M.C. is allowed as above.
The Registry shall communicate the contents of this order to the
learned Sessions Judge for appropriate orders.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 3211 OF 2024
PETITIONER'S ANNEXURES :
Annexure A1 THE TRUE COPY ISSUED BY THE HON'BLE
SESSIONS COURT, ERNAKULAM OF THE ORDER
DATED 04/03/2024 IN CR. M.P. NO. 983 OF
Annexure A2 THE TRUE COPY OF THE CRIMINAL
MISCELLANEOUS PETITION VIDE NO. 983/2024
IN CRL. APPEAL NO. 105/2024 FILED BY THE
PETITIONER
Annexure A3 THE TRUE COPY OF THE CRIMINAL APPEAL VIDE
NO. 105/2024 FILED BY THE PETITIONER
Annexure A4 THE TRUE COPY OF THE JUDGMENT DATED
07/02/2024 IN ST NO. 101/2021 PRONOUNCED
BY THE HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KALAMASSERY
Annexure A5 THE PETITION FILED BY THE PETITIONER TO
SUMMON THE WIFE OF THE 2ND RESPONDENT
DATED 14/12/2023 U/S 91 OF CR.P.C. VIDE
CMP 2945/2023 AFTER THE COMPLETION OF THE
COMPLAINANT'S EVIDENCE
Annexure A6 THE TRUE COPY OF THE ORDER IN CMP
2945/2023 IN ST NO. 101/2021 DATED
20/12/2023 PRONOUNCED BY THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE,
KALAMASSERY
Annexure A7 THE TRUE COPY OF THE MEMORANDUM OF
ARGUMENTS FILED BY THE PETITIONER U/S 314
CR.P.C. DATED 29/01/2024
