Kerala High Court
Prabash C.H. @ Prabhash Chapayil vs State Of Kerala on 8 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 1766 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
CRL.MC NO. 1766 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 23.12.2023 IN CRMP 6706/2023
IN CRA NO.125 OF 2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
- III, KASARAGOD / III ADDITIONAL MACT, KASARAGODE
...................................
PETITIONER/PETITIONER/APPELLANT/ACCUSED :
PRABASH C.H. @ PRABHASH CHAPAYIL
AGED 42 YEARS,
S/O.PAVITHRAN,
RESIDING AT PALAKUNNU HOUSE,
NEAR AMBIKA AUDITORIUM,
BEKAL POST,
KASARAGOD DISTRICT - 671 318.
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
AISWARYA JAYAPAL
RESPONDENT/STATE AND RESPONDENT/RESPONDENT/COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
CRL.MC NO. 1766 OF 2024
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2 SREE GOKULAM CHIT AND FINANCE COMPANY PRIVATE LTD.
HAVING ITS CORPORATE OFFICE AT SRI GOKULAM TOWERS, NO.66
ARCOT ROAD, CHENNAI,
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
SATHEESAN C, AGED 54 YEARS,
S/O.RAMAN, WORKING AS ARREARS RECOVERY ASSISTANT, SREE
GOKULAM CHIT AND FINANCE COMPANY PRIVATE LTD., KANHANGAD
BRANCH, KANHANGAD P.O.,
KASARAGOD DISTRICT, PIN - 671 315.
BY ADV RAJESH NAMBIAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.11.2024,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1766 OF 2024
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BECHU KURIAN THOMAS, J
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Crl.M.C.No.1766 of 2024
...................................................
Dated this the 8th day of November, 2024
ORDER
2. Petitioner is the accused in S.T.C.No.158/2022 on the files of the Chief
Judicial Magistrate's Court, Kasaragod. 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.22,27,357/-. In the appeal filed as Crl.A.No.125 of
2023, the learned Sessions Judge had, by the impugned order dated
23.12.2023 suspended the sentence and also directed 20% of the fine
amount to be deposited under Section 148 of the N.I. Act. Petitioner is
aggrieved by the direction to deposit the aforesaid amount.
3. I have heard Sri.T.Madhu, learned counsel appearing for the petitioner as
well as Smt.Sreeja V., the learned Public Prosecutor.
4. Considering the nature of the impugned order, I am of the view that
notice to the second respondent can be dispensed with.
5. In the decision in Sreenivasan P. v. Babu Raj [2024 KHC Online 270], the
Division Bench of this Court had, after considering the decision in Jamboo
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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.
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6. It is evident, on a reading of the impugned order Annexure-A2, that the
condition to deposit 20% of the fine 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.
7. Accordingly, the order dated 23.12.2023 in Crl.M.P.No.6706 of 2023 in
Crl.A.No.125 of 2023 on the files of the Sessions Court, Kasaragod to the
extent it directs deposit of 20% of the fine 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
AMV/08/11/2024
CRL.MC NO. 1766 OF 2024
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PETITIONER ANNEXURES
ANNEXURE-A1 THE TRUE COPY OF THE JUDGMENT DATED
29/11/2023 IN STC.NO.158/2022 ON THE FILES OF
THE LEARNED CHIEF JUDICIAL MAGISTRATE'S
COURT; KASARAGOD.
ANNEXURE-A2 THE CERTIFIED COPY OF THE ORDER DATED
23/12/2023 IN CRL.M.P.NO.6706/2023 IN
CRL.A.NO.125/2023 ON THE FILES OF THE
ADDITIONAL SESSION'S COURT-III; KASARAGOD.
ANNEXURE-A3 THE TRUE COPY OF THE JUDGMENT DATED 4/9/2023
IN CRL.A.NO.2741/2023 ON THE FILES OF THE
HONOURABLE SUPREME COURT OF INDIA.
ANNEXURE-A4 THE CERTIFIED COPY OF THE ORDER DATED
30/1/2024 IN CRL.M.P.NO.364/2024 IN
CRL.M.P.NO.6706/2023 IN CRL.A.NO.125/2023 ON
THE FILES OF THE SESSION'S COURT; KASARAGOD.
