Kerala High Court
M. Shajideen vs K.M. Ashraf on 3 March, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:18112
Crl.MC Nos.1978/2025 & 2009/2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
CRL.MC NO. 1978 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 17.12.2024 IN
CRL.A NO.266 OF 2024 OF DISTRICT COURT & SESSIONS COURT,
THIRUVANANTHAPURAM
PETITIONER:
M. SHAJIDEEN
AGED 72 YEARS
S/O.MYTHEEN PICHA, FIRST FLOOR,
'MARVEL MANSION', GOUREESAPATTOM,
PATTOM P.O., THIRUVANANTHAPURAM,
PIN - 695004
BY ADVS.
PIRAPPANCODE V.S.SUDHIR
AKASH S.
GIRISH KUMAR M S
RICHU THERESA ROBERT
RAJALAKSHMI.R.
RESPONDENTS:
1 K.M. ASHRAF
‘ PHOENIX', T.C.NO.38/204,
POWER HOUSE ROAD, CHENTHITTA,
THIRUVANANTHAPURAM,
PIN - 695036
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
2025:KER:18112
Crl.MC Nos.1978/2025 & 2009/2025
2
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY SMT. PUSHPALATHA. M.K, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.03.2025, ALONG WITH CRL.MC.2009/2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:18112
Crl.MC Nos.1978/2025 & 2009/2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
CRL.MC NO. 2009 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 17.12.2024 IN
CRL.A NO.267 OF 2024 OF ADDITIONAL DISTRICT COURT
(ADHOC), THIRUVANANTHAPURAM
PETITIONER:
M. SHAJIDEEN
AGED 72 YEARS
S/O.MYTHEEN PICHA, FIRST FLOOR,
'MARVEL MANSION', GOUREESAPATTOM,
PATTOM P.O., THIRUVANANTHAPURAM,
PIN - 695004
BY ADVS.
PIRAPPANCODE V.S.SUDHIR
AKASH S.
GIRISH KUMAR M S
RICHU THERESA ROBERT
RAJALAKSHMI.R.
RESPONDENTS:
1 K.M.ASHRAF
‘ PHOENIX', T.C.NO.38/204,
POWER HOUSE ROAD, CHENTHITTA,
THIRUVANANTHAPURAM, PIN - 695036
2025:KER:18112
Crl.MC Nos.1978/2025 & 2009/2025
4
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY SRI. M.C. ASHI, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.03.2025, ALONG WITH CRL.MC.1978/2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:18112
Crl.MC Nos.1978/2025 & 2009/2025
5
ORDER
These Crl.M.Cs are filed challenging the orders
issued by the Appellate Court, declining to direct payment of
20% of the compensation directed to be paid by the trial
court while convicting the 1st respondent for the offence
under Section 138 of the Negotiable Instruments Act.
2. Learned counsel for the petitioner contends
that the refusal to direct payment of portion of the
compensation is contrary to the spirit of Section 148 of the
Negotiable Instruments Act and is also vitiated by non-
application of mind.
3. The Appellate Court having exercised its
discretion by declining to direct payment of compensation
under Section 148 of the Negotiable Instruments Act, it is
not for this Court to decide whether the discretion is
executed correctly, particularly when the reason for refusal
to direct part payment of compensation is stated in the
orders. Therefore, the challenge against the impugned
2025:KER:18112
Crl.MC Nos.1978/2025 & 2009/2025
orders are not found unsustainable.
The Crl.M.C.s are disposed of, by directing the court
below to take earnest efforts to decide the Criminal Appeals
expeditiously, since the complaint was filed way back in the
year 2014.
Sd/-
V.G.ARUN
JUDGE
SPV
2025:KER:18112
Crl.MC Nos.1978/2025 & 2009/2025
PETITIONER'S ANNEXURES
ANNEXURE I TRUE COPY OF TEH COMMON JUDGMENT IN
C.C.1597/2014 AND C.C.1598/2014 OF THE
SPECIAL COURT OF JUDICIAL MAGISTRATE
OF THE FIRST CLASS FOR THE TRIAL OF
CASES, UNDER SECTION 138 OF NI ACT
1881, THIRUVANANTHAPURAM
ANNEXURE II TRUE COPY OF THE MEMORANDUM OF
CRL.APPEAL DATED 13.12.2024 FILED BY
THE 1ST RESPONDENT BEFORE THE SESSIONS
COURT, THIRUVANANTHAPURAM
ANNEXURE III TRUE COPY OF THE PETITION SUPPORTED BY
AN AFFIDAVIT FILED BY THE 1ST
RESPONDENT, SEEKING TO SUSPEND HIS
CONVICTION AND SENTENCE IN
ANNEXURE IV THE CERTIFIED COPY OF THE ORDER DATED
17.12.2024 IN CRL.M.P.NO.6489/2024 IN
CRL.APPEAL NO.267/2024 OF THE SESSIONS
JUDGE, THIRUVANANTHAPURAM
ANNEXURE V TRUE COPY OF THE ORDER DATED
21.03.2024 OF THIS HON'BLE COURT IN
ANNEXURE VI TRUE COPY OF THE ORDER DATED
11.12.2024 OF THIS HON'BLE COURT IN
ANNEXURE VII THE TRUE COPY OF THE STATEMENT OF
ACCOUNT OF THE 1ST RESPONDENT,
MAINTAINED IN THE IDFC FIRST BANK LTD,
THIRUVANANTHAPURAM BRANCH FOR THE
PERIOD FROM 26.12.2022 TO 08.01.2024
ANNEXURE VIII TRUE COPY OF THE APPLICATION DATED
2025:KER:18112
Crl.MC Nos.1978/2025 & 2009/2025
03.06.2023 FILED BY THE COUNSEL FOR
THE 1ST RESPONDENT SEEKING EXCUSE OF
HIS ABSENCE, ON THE DATE OF POSTING OF
ANNEXURE IX TRUE COPY OF THE APPLICATION DATED
15.07.2023 FILED BY THE COUNSEL FOR
THE 1ST RESPONDENT SEEKING EXCUSE OF
HIS ABSENCE, ON THE DATE OF POSTING OF
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
PA TO JUDGE
2025:KER:18112
Crl.MC Nos.1978/2025 & 2009/2025
PETITIONER'S ANNEXURES
ANNEXURE I TRUE COPY OF THE COMMON JUDGMENT DATED
14.11.2024 OF THE SPECIAL COURT OF
JUDICIAL MAGISTRATE OF THE FIRST CLASS
FOR THE TRIAL OF CASES, UNDER SECTION
138 OF NI ACT 1881, THIRUVANANTHAPURAM
ANNEXURE II TRUE COPY OF THE MEMORANDUM OF
CRL.APPEAL DATED 13.06.2024
CHALLENGING THE JUDGMENT IN
C.C.1598/2014 OF THE SPECIAL COURT OF
JUDICIAL MAGISTRATE OF THE FIRST CLASS
FOR THE TRIAL OF CASES, UNDER SECTION
138 OF NI ACT 1881
ANNEXURE III THE TRUE COPY OF THE PETITION
SUPPORTED BY AN AFFIDAVIT FILED BY THE
1ST RESPONDENT, SEEKING TO SUSPEND HIS
CONVICTION AND SENTENCE IN
ANNEXURE IV THE CERTIFIED COPY OF THE ORDER DATED
17.12.2024 OF THE LEARNED SESSIONS
JUDGE, THIRUVANANTHAPURAM IN
CRL.M.P.NO.6490/2024 IN CRL.APPEAL
ANNEXURE V TRUE COPY OF THE ORDER DATED
21.03.2024 OF THIS HON'BLE COURT IN
ANNEXURE VI TRUE COPY OF THE ORDER DATED
11.12.2024 OF THIS HON'BLE COURT IN
ANNEXURE VII TRUE COPY OF THE STATEMENT OF ACCOUNT
OF THE 1ST RESPONDENT, MAINTAINED IN
THE IDFC FIRST BANK LTD,
2025:KER:18112
Crl.MC Nos.1978/2025 & 2009/2025
THIRUVANANTHAPURAM BRANCH FOR THE
PERIOD FROM 26.12.2022 TO 08.01.2024
ANNEXURE VIII TRUE COPY OF THE APPLICATION DATED
03.06.2023 FILED BY THE 1ST
RESPONDENT'S COUNSEL, SEEKING EXCUSE
OF HIS ABSENCE, ON THE DATE OF POSTING
ANNEXURE IX TRUE COPY OF THE APPLICATION DATED
15.07.2023 FILED BY THE 1ST
RESPONDENT'S COUNSEL, SEEKING EXCUSE
OF HIS ABSENCE, ON THE DATE OF POSTING
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
PA TO JUDGE
