C.P. John vs Fr. T.V. George
2024 Latest Caselaw 15212 Ker

Kerala High Court

C.P. John vs Fr. T.V. George on 5 June, 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
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                     CRL.MC NO. 4732 OF 2024
    AGAINST THE ORDER DATED 01.04.2024 IN CRA NO.65 OF 2024 OF
          DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA


PETITIONER/ACCUSED NO.2:

          C.P. JOHN
          AGED 60 YEARS
          S/O. PHILIPOSE
          MANAGING DIRECTOR C.V.P. REALTORES [PVT] LTD.,
          RESIDING AT CHANDRAVIRUTHIL HOUSE,
          KULAKKAD, THIRUVALLA, PIN - 689101

          BY ADVS.
          JAI GEORGE
          DAISY A.PHILIPOSE


RESPONDENTS/RESPONDENTS/COMPLAINANT,STATE & ACCUSED NO.1:

    1     FR. T.V. GEORGE
          THADATHIL HOUSE CHERUKULANJI P.O.,
          RANNI, PATHANAMTHITTA, PIN - 689673

    2     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

    3     C.V.P. REALTORES [PVT] LTD
          KURISHUKAVALA, THIRUVALLA,
          REP. BY ITS AUTHORISED OFFICER, PIN - 689101

          BY ADV. ASHI M.C
          PUBLIC PROSECUTOR



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.4732 of 2024

                                        -:2:-




                        BECHU KURIAN THOMAS, J.
                       ---------------------------------------
                          Crl.M.C.No.4732 of 2024
                       ---------------------------------------
                      Dated this the 5th day of June, 2024


                                     ORDER

Petitioner is the second accused in S.T.No.1852/2007 on the files of

the Judicial First Class Magistrate's Court, Thiruvalla. He was convicted for

the offence under Section 138 of the Negotiable Instruments Act, 1881 (for

short, 'N.I.Act'). As per Annexure A1 judgment, he was directed to pay a

compensation of Rs.6,00,000/-. In the appeal filed as Crl.A.No.65 of 2024,

the learned Sessions Judge had by the impugned order dated 01.04.2024

suspended the sentence and also directed 20% of the compensation

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 Sri.Jai George, appearing for the petitioner as well as

Sri.Ashi.M.C, the learned Public Prosecutor.

3. Considering the nature of the impugned order, I am of the view

that notice to the first and third 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

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-A4 impugned order that the

condition to deposit 20% of the compensation 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.

6. Accordingly, the order dated 01.04.2024 in Crl.M.P.No.2324 of 2024 in

Crl.A.No.65 of 2024 on the files of the Sessions Court, Pathanamthitta to

the extent it directs deposit of 20% of the compensation 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.

7. The Registry of this Court shall intimate this order to the learned

Sessions Judge for compliance.

Criminal miscellaneous case is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE

Jka/05.06.24.

PETITIONER'S ANNEXURES

Annexure A1 A TRUE COPY OF THE COMMON JUDGEMENT DATED 24.9.2010 PASSED BY THE JFCM, THIRUVALLA IN S.T.NO: 1852/2007 AND S.T. NO: 802/2008

Annexure A2 A TRUE COPY OF THE COMMON JUDGEMENT DATED 27.8.2012 IN CRIMINAL APPEAL NO. 277 OF 2010 AND CRIMINAL APPEAL NO:276/2010 ON THE FILES OF COURT OF SESSIONS, PATHANAMTHITTA

Annexure A3 CERTIFIED COPY OF THE COMMON ORDER DATED

Annexure A4 CERTIFIED COPY OF THE ORDER DATED 1.4.2024 IN CRL.M.A. NO:2324/2024 IN CRL.A. NO: