Kerala High Court
Sajir Vaniyidathil vs C P Moosa 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. 4228 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 29.04.2024 IN CRA NO.81 OF 2024
OF DISTRICT COURT & SESSIONS COURT,THALASSERY ARISING OUT OF THE
ORDER/JUDGMENT DATED 04.04.2024 IN ST NO.259 OF 2022 OF CHIEF
JUDICIAL MAGISTRATE ,THALASSERY
PETITIONER:
SAJIR VANIYIDATHIL
AGED 34 YEARS
S/O AHAMAD BASHEER, RESIDING AT BUSHRA MANZIL,
PALOTTPALLI, MATTANNUR P.O, KANNUR DISTRICT, PIN -
670702
BY ADVS.
M.K.SUMOD
VIDYA M.K.
THUSHARA.K
NAMITHA GEORGE
RESPONDENTS:
1 C P MOOSA
AGED 60 YEARS
S/O MAMMU RESIDING AT CHOOLOTT, PUTHIYAPURAYIL (H),
KANJIRODE P.O., KANNUR DISTRICT, PIN - 670592
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
OTHER PRESENT:
PP. SREEJA V
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. 4228 OF 2024
2
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C.No. 4228 of 2024
----------------------------------------
Dated this the 21st day of May, 2024
ORDER
Petitioner was the accused in S.T.No. 259/2022 of the Chief
Judicial Magistrate Court, Thalassery. The said proceedings were
initiated under Section 138 of the Negotiable Instrument Act,
1881, and by judgment dated 04-04-2024 he was convicted and
sentenced to pay a fine of Rs. 40,00,000/-(Rupees forty lakhs
only).
2. On appeal filed as Crl.Appeal No.81/2024, the learned
Sessions Judge suspend the sentence, but directed the petitioner
to deposit 20% of the fine amount within two months. The said
direction to deposit 20% is impugned in this petition under
Section 482 of the Cr.P.C.
3. I have heard Sri.M.K.Sumod, the learned counsel for the
petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
Considering the nature of the contentions urged and the order
proposed to be issued, I am of the view that notice to the 1 st
respondent can be dispensed with.
CRL.MC NO. 4228 OF 2024
4. In the decision in Jamboo Bhandari v. M.P.State
Industrial Development Corporation LTD & ORS [2023 INSC
822] and Sreenivasan P. v. Babu Raj [2024 KHC Online 270], it
was held that the condition directing a deposit of 20% must
provide reasons.
5. Since no reasons of any nature have been mentioned in
Annexure A5, I am of the view that the said order, to the extent it
directs deposit of 20% of the fine amount is liable to be set aside
and a fresh decision be directed to be taken.
6. Accordingly, Annexure A5 order dated 29-04-2024 in
Crl.M.P.No.2682/2024 in Crl.A.No.81/2024 is set aside to the
extent it directs deposit of 20% of the fine amount within two
months. The learned Sessions Judge shall consider afresh the
direction to deposit 20% in accordance with the decisions
mentioned above. The fresh order shall be issued within four
weeks from the date of receipt of a copy of this judgment.
This Crl.M.C is allowed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM/22/5/24
CRL.MC NO. 4228 OF 2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE COMPLAINT FILED BY
THE DE-FACTO COMPLAINANT IN STC NO.
259/ 2022 BEFORE THE CHIEF JUDICIAL
MAGISTRATE, THALASSERY IN AUGUST
Annexure A2 TRUE COPY OF THE JUDGMENT IN STC NO.
259/2022 DATED 04/04/2024 OF CJM,
THALASSERY
Annexure A3 TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN THE DE-FACTO COMPLAINANT AND
ACCUSED DATED 15/10/2018
Annexure A4 TRUE COPY OF THE CHEQUE RETURN MEMO
DATED 18/05/2022 OF THE UNION BANK
OF INDIA, CHAKKARAKKAL BRANCH
Annexure A5 TRUE COPY OF THE ORDER IN CRL. M.P
NO. 2682/2024 IN CRL. APPEAL NO.
81/2024 DATED 29/04/2024 OF THE
COURT OF SESSION, THALASSERY
