Kerala High Court
Joseph Cheriyan @ Sabu vs State Of Kerala on 21 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
CRL.MC NO. 9847 OF 2023
CRA NO.120 OF 2023 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
PETITIONER/ APPELLANT :
JOSEPH CHERIYAN @ SABU
AGED 50 YEARS,
PARAKKATTIL HOUSE, HOUSE NO 204/7,
MERILAND, KOTTAYAM. NOW RESIDING AT
PARAKKATTIL HOUSE, AMMINIKKAD HOUSE,
PERINTHALMANNA, MALAPPURAM DISTRICT,
PIN - 679 321.
BY ADVS.
T.K.SANDEEP
SWETHA R.
RESPONDENT/ COMPLAINANT & STATE :
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 THAJUDHEEN
AGED 45 YEARS, S/O PAIKKADAN MUHAMMED,
KODAKKAD AMSOM, VATTAMANNAPURAM,
MANNARKKAD, PALAKKAD, PIN - 678 582.
BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9847 OF 2023
2
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.9847 of 2023
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Dated this the 21st day of May, 2024
ORDER
Petitioner was the accused in S.T.No.545 of 2016 on the files of the
Judicial First Class Magistrate's Court, Mannarkkad which was a complaint
filed by the 2nd respondent under Section 138 of the Negotiable
Instruments Act, 1881 (for short, 'NI Act'). By judgment dated
03.08.2023, the learned Magistrate found the accused guilty and
sentenced him to undergo simple imprisonment for a period of six months
and to pay a fine of Rs.17,00,000/-. In the appeal filed as Crl.A.No.120 of
2023 before the Sessions Court, Palakkad, the sentence was suspended
by the impugned order dated 19.08.2023 and directed the petitioner to
deposit 20% of the fine amount within two months as per Section 148 of
the N.I Act.
2. When this petition came up for consideration, this Court
admitted the matter and directed the petitioner to serve notice on the 2 nd
respondent by speed post as well as by service of notice to the lawyer
appearing for the 2nd respondent before the lower court and file a memo
within ten days. This Court also granted an interim stay of the order
CRL.MC NO. 9847 OF 2023
impugned for three months which was revived and extended by this Court
till today. The memo of service of notice on the counsel appearing for the
2nd respondent is produced. However, there is no appearance.
Notwithstanding the above, I deem it appropriate to take up the matter
for consideration on merits taking note of the nature of the impugned
order.
3. A perusal of the impugned order dated 19.08.2023 reveals that
the learned Sessions Judge has directed deposit of 20% of the fine
amount within two months.
4. In the decision in Sreenivasan P. v. Babu Raj [2024 KHC
Online 270] it has been observed that the discretion to direct deposit of
20% under Section 148 of N.I Act must be exercised for appropriate
reasons to be given by the Sessions Judge.
5. The impugned order does not reflect any such reason having
been stated by the court for directing deposit of 20% of the fine amount.
Therefore, I am of the view that the impugned order to the extent it
directs 20% of the fine amount to be deposited is liable to be set aside
and the matter be reconsidered afresh.
6. Accordingly I allow this Crl.M.C. to the extent the impugned
order directs deposit of 20% of the fine amount within two months. The
learned Sessions Judge shall reconsider the question of deposit under
Section 148 of the N.I. Act within three weeks from the date of receipt of
a copy of this order. Since the delay in passing the orders will enure to
CRL.MC NO. 9847 OF 2023
the benefit of the petitioner, the Registry of this Court is directed to
communicate this order to the learned Sessions Judge immediately.
The Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 9847 OF 2023
PETITIONER'S ANNEXURES :
Annexure I A TRUE COPY OF THE ORDER IN CRL.M.P
3653/2023 IN CRL.APL 120/2023 ON SESSIONS
COURT PALAKKAD, DATED 19.08.2023
Annexure II A TRUE COPY OF THE INCOME CERTIFICATE
ISSUED BY VILLAGE OFFICER TAZHEKKOD DATED
03.07.2022
