Kerala High Court
Joshy Mathew vs Kmlm Chits India Ltd on 11 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:69155
CRL.MC NO. 7631 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
CRL.MC NO. 7631 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 26.03.2024 IN CRMP NO.131 OF
2024 OF ADDITIONAL DISTRICT & SESSIONS COURT, MUVATTUPUZHA
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PETITIONER/APPELLANT/ACCUSED :
JOSHY MATHEW, AGED 58 YEARS
S/O. MATEHW KIZHAKKEBHAGAM HOUSE,
PAINGOTTOOR, KADVOOR VILLAGE,
KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 671.
BY ADVS.
BABY THOMAS
GEORGE T.J
INDRAJITH S KAIMAL
ALICIA JOSE
AISWARYARAJ
JOHNY GEORGE
RESPONDENT/COMPLAINANT :
1 KMLM CHITS INDIA LTD.
CORPORATE OFFICE AT ERNAKULAM,
MATHEWSON TRADE CENTRE, KALOOR, KOCHI-17,
REP. BY THE POWER OF ATTORNEY HOLDER RAJESHKUMAR R.,
S/O. A.K VASUDEVAN NAIR, AGED 37 YEARS,
RESIDING AT PRANAVAM HOUSE, KUNNAMANGALAM P.O.,
CALICUT, PIN - 673 571.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI.C.N.PRABHAKARAN, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7631 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7631 of 2024
...................................................
Dated this the 11th day of September, 2024
ORDER
Petitioner is the accused in C.C.No.707/2017 on the files of the Judicial
First Class Magistrate Court-I, Muvattupuzha, in which, he was convicted
and sentenced to pay a fine of Rs.5,10,000/-. The offence alleged
against the petitioner was under Section 138 of the Negotiable
Instruments Act, 1881.
2. Challenging the conviction and sentence, petitioner preferred an appeal
before the Additional Sessions Court, Muvattupuzha as Crl.Appeal
No.131/2024. By order dated 26.03.2024 in Crl.M.P.No.87/2024, the
learned Sessions Judge directed the petitioner to deposit 20% of the fine
amount within 60 days from the said date. This petition has been filed
after six months of the said order, alleging that the impugned order does
not provide any reason.
3. I have heard Sri.Baby Thomas, the learned counsel for the petitioner as
well as Sri.C.N.Prabhakaran, the learned Public Prosecutor.
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CRL.MC NO. 7631 OF 2024
4. On a perusal of the impugned order, produced herein as Annexure-A4, it
is noticed that, the learned Sessions Judge had given specific reasons for
directing deposit of 20% of the fine amount.
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 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. The reasons required to be
stated by the learned Sessions Judge is not on the merits of the matter,
but the need for depositing amount stipulated under Section 148 of NI
Act. Such reasons have been specifically mentioned by the learned
Sessions Judge.
6. Apart from the above, the learned counsel for the petitioner argued that
the petitioner is seriously ill and in justification of the said contention
produced Annexure-A5 discharge certificate. On a perusal of the said
certificate issued by the Holy Family Hospital, Muthalakodam; it is seen
that, petitioner was discharged from the hospital on 05.02.2024 and
finding that he was clinically and symptomatically found to be better
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CRL.MC NO. 7631 OF 2024
after being admitted for three days. The certificate does not indicate
any serious illness as contended by the petitioner except for diabetes
mellitus and coronary artery disease.
7. Having regard to the aforesaid circumstances, I do not find any merit in
this petition filed under Section 528 of Bharatiya Nagarik Suraksha
Sanhita, 2023, and hence, it is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/09/2024
2024:KER:69155
CRL.MC NO. 7631 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED 22.02.2024
ANNEXURE A2 TRUE COPY OF THE APPEAL MEMORANDUM DATED
13.03.2024
ANNEXURE A3 TRUE COPY OF THE PETITION TO SUSPEND THE
SENTENCE DATED 13.03.024
ANNEXURE A4 TRUE COPY OF THE ORDER OF THE SESSIONS COURT,
MUVATTUPUZHA DATED 26.03.2024
ANNEXURE A5 TRUE COPY OF THE DISCHARGE CERTIFICATE OF THE
PETITIONER DATED 05.02.2024 FROM HOLY FAMILY
HOSPITAL, MUTHALAKODAM
