Kerala High Court
Subaida T.N vs Ameer on 30 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:81550
CRL.MC NO. 9719 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 30TH DAY OF OCTOBER 2025 / 8TH KARTHIKA, 1947
CRL.MC NO. 9719 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 03.10.2025 IN Crl.A
NO.561 OF 2025 OF ADDITIONAL DISTRICT & SESSIONS COURT/RENT
CONTROL APPELLATE AUTHORITY, MUVATTUPUZHA ARISING OUT OF THE
ORDER/JUDGMENT DATED 29.08.2025 IN CC NO.125 OF 2016 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, MUVATTUPZHA
PETITIONER/PETITIONER/APPELLANT/ACCUSED:
SUBAIDA T.N
AGED 55 YEARS
W/O LATE KUNJU MUHAMMAD, ARACKAL HOUSE, AYOTTICHIRA,
VELLYANCODE, PONNANI, MALAPPURAM, PIN - 679577
BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/RESPONDENT/ RESPONDENTS/COMPLAINANT & STATE:
1 AMEER
AGED 49 YEARS
S/O MAMMIKKUTTY, MECHERIMADAM HOUSE, ANCHELPETTY,
ERANELLOOR VILLAGE, MUVATTUPUZHA, PROPRIETOR, JEWEL
PARK JEWELLERY, EVEREST JUNCTION, MUVATTUPUZHA,
ERNAKULAM, PIN - 686667
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
OTHER PRESENT:
2025:KER:81550
CRL.MC NO. 9719 OF 2025
2
PP SRI M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:81550
CRL.MC NO. 9719 OF 2025
3
ORDER
Dated this the 30th day of October, 2025
Aggrieved by the judgment in C.C. No.125/2016
of the Court of the Judicial First Class Magistrate-II,
Muvattupuzha, (Trial Court), convicting and sentencing
the petitioner for allegedly committing the offence under
Section 138 of the Negotiable Instruments Act, 1881,
('Act', in short), the petitioner filed Crl.A No.561/2025
before the Court of Session, Muvattupuzha (Appellate
Court). Along with the appeal, the petitioner filed an
application to suspend the sentence of imprisonment and
fine. The Appellate Court directed the petitioner to
deposit 20% of the fine amount to suspend the sentence.
To waive the said condition, the petitioner filed Crl.M.P.
No.481/2025 in the said appeal. However, by Annexure 4
order, the Appellate Court has rejected the said
application on the ground that the petitioner has not
2025:KER:81550
CRL.MC NO. 9719 OF 2025
produced any medical documents to substantiate her
illness and that she has no employment or income.
Annexure 4 order is onerous and unjustifiable and against
the law laid down by this Court in Ambili R. v. Sree
Gokulam Chit and Finance Company (P) Ltd. [2020(1)
KHC 476]. Hence, the Crl.M.C.
2. I have heard the learned Counsel for the
petitioner and the learned Public Prosecutor. Since
Annexure 4 order pertains to only suspension of sentence
of imprisonment and fine, I dispense with notice to the 1 st
respondent ( complainant).
3. The dispute revolves around the order directing
the petitioner to deposit 20% of the fine amount to
suspend the sentence imposed by the Trial Court.
4. A Division Bench of this Court in Sreenivasan
P. v. Babu Raj (2024 (2) KHC 621), while considering
Section 148 of the Act has held as follows:-
"8. In our view, a reading of Section 148 of the N.I. Act as an
exception to the general principles of suspension of sentence
by an Appellate Court as contained in Section 389 of the
2025:KER:81550
CRL.MC NO. 9719 OF 2025
Cr.P.C., and in the backdrop of the decisions of the Supreme
Court in Surinder Singh Deswal and Jamboo Bhandari
(supra) would result in the following interpretation as
regards the nature and manner of exercise of discretion by
the Appellate Court under Section 148 of the N.I. Act:
(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. A reading of Annexure 4 order shows that the
Appellate Court has not given any reasons to direct the
2025:KER:81550
CRL.MC NO. 9719 OF 2025
petitioner to deposit 20% of the fine amount which is
mandatory as per the principles laid down in the
aforecited decision. Nonetheless, the Appellate Court has
observed that the petitioner has not produced any
material to substantiate her illness and that she has no
employment. But, I am of the view that the Appellate
Court ought to have granted the petitioner an opportunity
to produce the materials before rejecting the application.
6. In the aforesaid circumstances, considering the
principles laid down in Sreenivasan P.'s case (supra) and
the fact that the petitioner was not afforded an
opportunity to produce materials to substantiate her
inability to deposit 20% of the fine amount, I allow the
Crl.M.C by setting aside Annexure 4 order, directing the
petitioner to deposit 20% of the fine amount, and direct
the Appellate Court to re-consider Crl.M.P.No.481/2025 by
affording the petitioner an opportunity of being heard and
to produce materials to substantiate her inability to
deposit 20% of the fine amount. The Appellate court shall
2025:KER:81550
CRL.MC NO. 9719 OF 2025
consider the application in accordance with law,
untrammelled by any observation made in this order.
Sd/-
C.S.DIAS, JUDGE
rmm30/10/2025
2025:KER:81550
CRL.MC NO. 9719 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE DEATH CERTIFICATE DATED
29.06.2007 ISSUED BY CHAVAKKAD
MUNICIPALITY
Annexure 2 TRUE COPY OF THE DISCHARGE SUMMARY OF THE
PETITIONER ISSUED FROM JUBILEE MISSION
MEDICAL COLLEGE HOSPITAL, THRISSUR
Annexure 3 TRUE COPY OF CRL.M.P.NO.481 OF 2025 IN
CRL.A.NO.561/2025 OF THE COURT OF
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MUVATTUPUZHA DATED 25.09.2025
Annexure 4 FREE COPY OF THE ORDER IN CRL.M.P.NO.481
OF 2025 IN CRL.A.NO.561/2025 OF THE COURT
OF ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MUVATTUPUZHA DATED 03.10.2025
