2025:KER:27443 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. 2926 OF 2025 ORDER DATED 28.01.2025 IN Crl.A NO.16 OF 2025 OF DISTRICT COURT & SESSIONS COURT,THODUPUZHA PETITIONER/APPELLANT/ACCUSED: R.KALYAZHAKAN, AGED 50 YEARS S/O RETHNAVEL, RESIDING AT 12 A/11 CUMBUMMETTU ROAD, CUMBUM, THENI DISTRICT,TAMILNADU,, PIN - 625531 BY ADV N.K.MOHANLAL RESPONDENTS/RESPONDENTS/COMPLAINANT NO.1: 1 M/S SUGANTHAGIRI SPICES PROMOTERS AND TRADERS PVT.LTD. NEDUMKANDAM, REPRESENTED BY ITS MANAGER JOY P J, AGED 59 YEARS,S/O JOSEPH, PUTHETTU HOUSE, KATTAPPANA SOUTH P.O, IDUKKI DISTRICT, PIN - 685508 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, 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:27443 Crl.M.C.No.2926 of 2025 2 ORDER Dated this the 25th day of March, 2025 Petitioner was the accused in S.T. No.1710 of 2017 of the Judicial First Class Magistrate Court, Nedumkandam. The case originated from a complaint filed by the 1st respondent alleging commission of the offence under Section 138 of the Negotiable Instruments Act. The trial court found the petitioner guilty and thereupon convicted and sentenced him to pay fine of Rs.51 Lakhs. Aggrieved, the petitioner preferred Crl. Appeal No.16 of 2025 before the Sessions Court, Thodupuzha. Along with the appeal, petitioner submitted Crl.M.P No.447 of 2025 for suspending the execution of the sentence imposed by 2025:KER:27443 Crl.M.C.No.2926 of 2025 3 the trial court. Therein, the appellate court passed Annexure A4 order suspending the sentence and also directing the petitioner to deposit 20% of the amount of fine imposed within 60 days. 2. Learned Counsel for the petitioner submits that the impugned order is bereft of reasons and is hence liable to be set aside on that sole ground. 3. On careful perusal of the impugned order, the challenge appears to be well founded. A Division Bench of this Court in Sreenivasan P. v. Babu Raj [2024 KHC OnLine 270] has explicitly laid down that, although the appellate court has the 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, the court is legally obliged to furnish reasons for the decision, so as to 2025:KER:27443 Crl.M.C.No.2926 of 2025 4 unambiguously indicate that its discretion under Section 148 of the N.I.Act was exercised keeping in mind the object of the statutory provision. The appellate court having failed to satisfy the above requirement by stating reasons for directing the petitioner to deposit 20% of the fine amount, the impugned order cannot be sustained. In the nature of the order that I propose to pass, notice to the 1st respondent is dispensed with. In the result, the Crl.M.C is allowed and Annexure A1, to the extent it directs the petitioner to deposit 20% of the fine amount, is quashed. It will be open for the appellate court to pass fresh orders under Section 148 of the Negotiable Instruments Act. Sd/- V.G.ARUN JUDGE SSK/25/03 2025:KER:27443 Crl.M.C.No.2926 of 2025 5 APPENDIX OF CRL.MC 2926/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF JUDGMENT IN ST 1710/2017 OF JFCM COURT NEDUMKANDAM DATED 31/12/2024 Annexure A2 A TRUE COPY OF MEMORANDUM OF CRIMINAL APPEAL IN CRL. APPEAL: 16/2025 OF HON’BLE SESSIONS COURT, THODUPUZHA DATED 23/1/2025 Annexure A3 A TRUE COPY OF PETITION CRL. MP 447/25 IN CRL APPEAL: 16/2025 OF SESSIONS COURT, THODUPUZHA DATED 23/1/2025 Annexure A4 A TRUE COPY OF ORDER DATED 28/01/2025 IN CRL MP 447/25 IN CRL APPEAL: 16/2025 OF SESSIONS COURT, THODUPUZHA Annexure A5 A TRUE COPY OF ORDER DATED 24/07/2024 IN CRL.MC: 6266/2024 OF THE HON’BLE COURT RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE