T. K. SAJEEVAN Vs. FRANCIS T. CHACKO

JUDGEMENT

(1.) The petition on hand is filed by the appellant in Crl.Appeal No.145 of 2019, pending on the files of Court of Sessions, Alappuzha (for short 'the court below'). He has moved an application as C.M.P.No.4808 of 2019 in Crl.Appeal No.145 of 2019, for getting the sentence imposed by Judicial First Class Magistrate Court-I, Alappuzha as against him in S.T.No.3712 of 2012, suspended. Court of Sessions, Alappuzha has passed an order on 25.07.2019 in the aforesaid petition, suspending execution of sentence imposed by judgment passed by Judicial First Class Magistrate Court-I, Alappuzha on terms of execution of a bond by the petitioner for a sum of Rs.40,000/- by himself and with two solvent sureties each for the likesum to the satisfaction of the trial court and on deposit of Rs.4,83,900/- towards the fine amount imposed by the trial court before executing the bond. The court has also granted 30 days' time from 25.07.2019 for executing the bond.

(2.) The grievance of the learned counsel for the petitioner was that the court below has directed the petitioner to deposit a huge sum and in view of his financial stringency, it is improper. It is also contended by the learned counsel that Ext.P1 the copy of the impugned order produced alongwith the petition is a non-speaking and cryptic order and therefore, is illegal, arbitrary and passed without application of mind. It was further urged by the learned counsel that Section 148 incorporated into the Negotiable Instruments Act, 1881 (for short 'N.I. Act') by way of Amendment in the year 2018 is directory in nature and since the 1st respondent/complainant had already obtained an order of attachment of a valuable property in a civil case against the petitioner, the court ought not to have directed deposit of a further sum by invoking the power under Section 148 N.I. Act. It is also contended by the learned counsel that the court below ought to have taken notice of the fact that after a full pledged trial, the Civil court has dismissed the plaint filed by the 1st respondent/complainant before it and therefore no amount is due to him from the petitioner. Lastly and finally it is contended that the petitioner has no means to pay the huge amount ordered to be paid as per Ext.P1 as he is in a financially stringent condition due to manipulations of the 1st respondent, who is a money lender. With the contentions raised as above, it is canvassed by the learned counsel that Ext.P1 order deserves to be set aside.

(3.) Deposit of Rs.4,83,900/- was directed by Court of Sessions, Alappuzha, invoking the power under Section 148 N I Act. The provision as stated by the learned counsel was brought into the N I Act by way of Amendment in the year, 2018. The amount directed to be deposited is Rs.4,83,900/- which is excess than 25% of Rs.16,13,000/-, imposed by Judicial First Class Magistrate Court-I, Alappuzha, as fine, by the judgment passed by it on 27.06.2019.