2025:KER:25229 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CRL.MC NO. 2928 OF 2025 AGAINST THE ORDER DATED 22.11.2024 IN Crl.A NO.349 OF 2024 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA PETITIONER/APPELLANT: BEEVATHU AGED 62 YEARS W/O. BASHEER, VEERATHEDUVAZHI HOUSE, KOORIKUZHI DESOM, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK, KOORIKUZHI.P.O.,THRISSUR DIST., PIN – 680681. BY ADVS. M.SHAJU PURUSHOTHAMAN K.S.RAJESH RESPONDENT/RESPONDENT: 1 PRAKASAN S/O. KESAVAN, KIZHAKEVEETTIL HOUSE, KAIPAMANGALAM DESOM, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK, KAIPAMANGALAM.P.O., THRISSUR DIST., PIN – 680681. 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:25229 CRL.MC NO. 2928 OF 2025 2 ORDER Petitioner is the accused in S.T No.45 of 2023 on the files of the Judicial First Class Magistrate Court-II, Kodungallur. Therein, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment till rising of court and to pay fine of Rs.2 lakhs. Aggrieved, the petitioner preferred an appeal which is pending as Crl.A No.349 of 2024 before the Additional Sessions Court, Irinjalakuda. Along with the appeal, the petitioner filed Crl.M.P No.370 of 2024 seeking suspension of the sentence imposed by the trial court. By Annexure 4 order, the appellate court suspended petitioner’s sentence on condition of deposit of 20% of the compensation within 60 days. Aggrieved, this Crl.M.C is filed. 2. Learned counsel for the petitioner relied on the Divison Bench decision of this Court in Sreenivasan P. v. Babu Raj [2024 (2) KHC 621] to contend that, in so far as the discretion is vested with the court either to direct or exempt payment of a portion of 2025:KER:25229 CRL.MC NO. 2928 OF 2025 3 the fine amount under Section 148 of the Negotiable Instruments Act, the manner in which such discretion is exercised should be discernible from the order. It is argued that the Appellate court is legally obliged to furnish reasons for its discretion so as to unambiguously indicate that the discretion was exercised keeping in mind the object of the statutory provision. Referring to paragraph 4 of the impugned order, it is submitted that, except an omnibus observation that this is not an exceptional case which warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the compensation, the reason for directing such deposit is not stated. 3. On going through the impugned order, the contention appears to be well founded. The decision of the Division Bench gives no room for doubt that the reason for either directing or exempting the appellant from the deposit under Section 148 of the Negotiable Instruments Act should be discernible from the order. Indisputably, the impugned order does not satisfy that requirement. 2025:KER:25229 CRL.MC NO. 2928 OF 2025 4 4. In the nature of the order I propose to pass, notice to the 1st respondent is dispensed with. In the result, the Crl.M.C is allowed and Annexure 4 order, to the extent it directs deposit of 20% of the fine amount is quashed. The Appellate court is at liberty to pass a fresh considered order under Section 148 of the Negotiable Instruments Act. Sd/- V.G.ARUN JUDGE Sru 2025:KER:25229 CRL.MC NO. 2928 OF 2025 5 APPENDIX OF CRL.MC 2928/2025 PETITIONER’S ANNEXURES Annexure 1 THE TRUE COPY OF THE CRL.APPEAL.NO.349/2024 FILED BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT, THRISSUR DATED 18.11.2024 Annexure 2 THE TRUE COPY OF THE PETITION, IN CRL.APPEAL.NO.349/2024 IN CM.P.NO.370/2024 IN FILED BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT, THRISSUR DATED 18.11.2024 Annexure 3 THE TRUE COPY OF THE JUDGMENT PASSED IN S.T.NO.45/2023 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT II KODUNGALLUR DATED 19.10.2024 Annexure 4 THE TRUE COPY OF THE ORDER IN CM.P.NO.370/2024 IN CRL.APPEAL.NO.349/2024 PASSED BY THE HON’BLE ADDL.SESSIONS COURT,IRINJALAKUDA DATED 22.11.2024 Annexure 5 THE TRUE COPY OF THE ORDER IN CMP.NO.125/2025 IN CRL.APPEAL.NO.349/2025 PASSED BY THE HON’BLE ADDL. SESSIONS COURT ,IRINJALAKUDA DATED 6.3.2025