2025:KER:29656 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 CRL.MC NO. 2183 OF 2025 ORDER DATED 04.12.2024 IN CC NO.91 OF 2023 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE , ERNAKULAM PETITIONER/ACCUSED: MRS. GIRIJA R AGED 50 YEARS W/O. RENJITH M, NOW RESIDING AT 64/2766, KATTAPPILLY HOUSE, BALAN MENON ROAD, KALOOR, ERNAKULAM, PIN - 682017 BY ADV T.SAJI RESPONDENTS/COMPLAINANT AND STATE: 1 MRS. GEETHA AGED 55 YEARS W/O ANILKUMAR, ANJIPARAMBIL HOUSE, KATHRIKADAVU, KALOOR P.O, ERNAKULAM, PIN - 682017 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:29656 Crl.M.C.No.2183 of 2025 2 ORDER Dated this the 6th day of March, 2025 The challenge in this Crl.M.C is against Annexure A-2 order of the Appellate court, directing the petitioner to deposit 20% of the sentence of fine imposed by the trial court while convicting and sentencing the petitioner for the offence under Section 138 of the Negotiable Instruments Act. The impugned order is issued in exercise of the power under Section 148 of the Negotiable Instruments Act and as a condition for suspending the execution of petitioner’s sentence. 2025:KER:29656 Crl.M.C.No.2183 of 2025 3 2. Learned counsel for the petitioner submitted that in spite of pointing out patent illegalities in the judgment, the appellate court had mechanically directed to deposit 20% of the fine amount. 3. I heard the learned Public Prosecutor also. 4. As the order I propose to pass does not prejudice the 1st respondent in any manner, notice to the 1st respondent is dispensed with. 5. The Apex Court in Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. [2023 (6) KHC 80], while upholding the power of the appellate court to impose the condition of deposit as provided in Section 148, has also held that, if the appellate court is satisfied that the condition of deposit of 20% will be unjust or 2025:KER:29656 Crl.M.C.No.2183 of 2025 4 imposing such a condition will amount to deprivation of the right to file appeal, exception can be made for reasons specifically recorded. This Court in Baiju v. State of Kerala [2023 (7) KHC 669] clarified that the principle laid down in Jamboo Bhandari (supra) casts a duty on the appellate court to state reasons for insisting on the deposit of 20% of compensation/fine as a condition for suspending the sentence. As no such reason is stated in Annexure A-2, the order is liable to be set aside. In the result, the Crl.M.C is allowed and Annexure A-2 order is quashed. The learned Additional Chief Judicial Magistrate shall reconsider the petition for suspension of sentence and pass a fresh reasoned order within two weeks of receipt of 2025:KER:29656 Crl.M.C.No.2183 of 2025 5 a copy of this order. Till such time, execution of the non bailable warrant, if any, pending against the petitioner, shall be kept in abeyance. Sd/- V.G.ARUN JUDGE SSK/06/03 2025:KER:29656 Crl.M.C.No.2183 of 2025 6 APPENDIX OF CRL.MC 2183/2025 PETITIONER ANNEXURES Annexure A-1 TRUE COPY OF C.C. NO. 91/2023 OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM DATED 20-02-2023 Annexure A-2 CERTIFIED COPY OF THE ORDER DATED 4TH DECEMBER, 2024, OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM, IN C.C NO. 91/2023 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE