Kerala High Court
Leaders Books Distributors 2D vs Vijakumat T.C on 23 May, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CHECK
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 4319 OF 2024
AGAINST THE ORDER DATED 25.03.2024 IN CA NO.63 OF 2024 OF SESSIONS
COURT, PATHANAMTHITTA ARISING OUT OF THE ORDER DATED 24.02.2024 IN
ST NO.1302 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
PATHANAMTHITTA
PETITIONERS/ PETITIONERS/ APPELLANTS/ ACCUSED :
1 LEADERS BOOKS DISTRIBUTORS 2D,
CRYSTAL SINDHOOR FLAT, CURZON NAGAR,
CUTHERY P.O, KOLLAM DISTRICT PIN 691 009
REPRESENTED BY ITS PROPRIETOR LEADERS BOOKS
DISTRIBUTORS 2D, CRYSTAL SINDHOOR FLAT,
CURZON NAGAR, CUTHERY P.O, KOLLAM DISTRICT,
PIN - 691 009
2 SAVAD A.R,
AGED 47 YEARS
S/O LATE SHERIFF REHMAN, PROPRIETOR,
LEADERS BOOKS DISTRIBUTORS 2D,
CRYSTAL SINDHOOR FLAT, CURZON NAGAR,
CUTHERY P.O, KOLLAM DISTRICT,
PIN - 691 009
BY ADV A.JANI(KOLLAM)
RESPONDENTS/ RESPONDENTS/ COMPLAINANT/ STATE :
1 VIJAKUMAT T.C,
AGED 38 YEARS, S/O CHANDRASHEKHARAN NAIR,
PROPRIETOR, VRINDA BOOKS DISTRIBUTORS,
SIMLA ARCADE, OPPOSITE PRIVATE BUS STAND,
KONNI, PATHANAMTHITTA DISTRICT,
PIN - 689 691
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682 031
CRL.MC NO. 4319 OF 2024
2
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4319 OF 2024
3
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.4319 of 2024
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Dated this the 23rd day of May, 2024
ORDER
Petitioner is the accused in S.T.No.1302 of 2018 on the files of the
Judicial First Class Magistrate's Court, Pathanamthitta. He was convicted
for the offence under Section 138 of the Negotiable Instruments Act,
1881 (for short, 'N.I.Act'). As per Annexure A2 judgment, he was
directed to pay a compensation of Rs.22,10,000/-. In the appeal filed as
Crl.A.No.63 of 2024, the learned Sessions Judge had by the impugned
order dated 25.03.2024 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 Adv.Jani, appearing for the petitioner as well as
Smt.Sreeja V., the learned Public Prosecutor.
3. Considering the nature of the impugned order, I am of the view
that notice to the first 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
CRL.MC NO. 4319 OF 2024
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.
Accordingly, the order dated 25.03.2024 in Crl.M.P.No.2228 of 2024
in Crl.A.No.63 of 2024 on the files of the Sessions Court, Pathanamthitta
CRL.MC NO. 4319 OF 2024
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.
The Registry of this Court shall intimate this order to the learned
Sessions Judge for compliance.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 4319 OF 2024
PETITIONERS' ANNEXURES :
Annexure A1 A TRUE COPY OF THE JUDGMENT DATED
24/02/2024 RENDERED BY THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, PATHANAMTHITTA,
Annexure A 2 A TRUE COPY OF THE APPEAL MEMORANDUM IN
CRIMINAL NO: 63 OF 2024 BEFORE THE
SESSIONS COURT, PATHANAMTHITTA, ON
22/03/2024.
Annexure A3 A TRUE COPY OF THE PETITION IN CRIMINAL
M.P 2228/2024 IN CRIMINAL NO: 63 OF 2024
BEFORE THE SESSIONS COURT,
PATHANAMTHITTA, ON 22/03/2024.
Annexure A4 A TRUE COPY OF ORDER DATED 25/03/2024 IN
CRIMINAL M.P 2228/2024 IN CRIMINAL NO: 63
OF 2024 BEFORE THE SESSIONS COURT,
PATHANAMTHITTA
