Muneera, vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 22, 2023

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Citation: sooperkanoon.com/1423950
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Dec 22, 2023
Case Number: Crl.MC/11002/2023

Parties & Advocates

Appellant / Petitioner

Muneera,

Respondent

State of Kerala

Excerpt

.....aggrieved by the same, this crl.m.c is filed.2. heard the learned counsel appearing for the petitioner, the learned counsel appearing for the 2nd respondent and the learned public prosecutor.3. this court perused the impugned order. it isnot a speaking order. this court in baiju v. state of kerala [2023 khc online 829] clearly stated that, while imposing the condition to deposit the fine amount invoking the powers under section 148 of the negotiable instruments act, a speaking order is necessary. the impugned order in this case is not a speaking order. therefore, i am of the considered opinion that the impugned order can be set aside and there can be a direction to the sessions court to reconsider the matter in the light of the principle laid down by this court in baiju's case (supra). therefore, this criminal miscellaneous case is allowed in the following manner: i. the order dated 05.06.2023 in crl.m.p. no.2454/2023 in crl.appeal no.131/2023 directing the petitioner to deposit 20% of the fine amount as ordered by the trial court alone is set aside and the sessions court, thrissur is directed to reconsider the matter in the light of the principle laid down by this court in baiju v. state of kerala [2023 khc online 829]. sd/- p.v.kunhikrishnan dm judge appendix of crl.mc 11002/2023 petitioner annexures annexure-a1 true copy of impugned order in crl.m.p. no. 2454/2023 in crl.a.no. court, thrissur,dated 5/6/2023 annexure-a2 true copy of criminal appeal no. court, thrissur ,dated 31.5.2023 annexure-a3 true copy of judgment in cc no. first class magistrate court ii, chavakkad ,dated 15/5/2023 annexure-a4 true copy of order in crl.rev.pet no-124/2023of honourable high court of kerala ,dated 7/12/2023 respondents exhibits : nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 CRL.MC NO. 11002 OF 2023 AGAINST THE ORDER/JUDGMENT CRMP 2454/2023 OF DISTRICT COURT & SESSIONS COURT,THRISSUR PETITIONER(S)/PETITIONER/APPELLANT: MUNEERA, AGED 26 YEARS W/O SANEEB, PUTHIYAVEETTIL HOUSE, NATTIKABEANCH P.O., NATTIKA, THRISSUR, PIN - 680566 BY ADV DENIZEN KOMATH RESPONDENT(S)/RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BYPUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 RIYAS, AGED 24 YEARS SHAMSUDHEEN, PANAKATTAKAYIL HOUSE, THALIKULAM, THRISSUR, PIN - 680569 BY ADV. SMT.SREEJA V., PP SRI.K.B.ARUNKUMAR - R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ ---------------------------------------------- Dated this the 22nd day of December, 2023

ORDER

This Crl.M.C is filed challenging Annexure-A1

order passed by the Sessions Court, Thrissur. The

petitioner was convicted and sentenced by the Judicial First Class Magistrate Court, Chavakkad under Section 138 of the Negotiable Instruments Act. Aggrieved by the conviction and sentence, the petitioner filed an appeal before the Sessions Court, Thrissur and the Sessions Court as per Annexure-A1 order directed the petitioner to deposit 20% of the fine amount as ordered by the trial court. Aggrieved by the same, this Crl.M.C is filed.

2. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the 2nd respondent and the learned Public Prosecutor.

3. This Court perused the impugned order. It is

not a speaking order. This Court in Baiju v. State of Kerala [2023 KHC Online 829] clearly stated that, while imposing the condition to deposit the fine amount invoking the powers under Section 148 of the Negotiable Instruments Act, a speaking order is necessary. The impugned order in this case is not a speaking order. Therefore, I am of the considered opinion that the impugned order can be set aside and there can be a direction to the Sessions court to reconsider the matter in the light of the principle laid down by this Court in Baiju's case (supra). Therefore, this Criminal Miscellaneous Case is allowed in the following manner: i. The order dated 05.06.2023 in Crl.M.P. No.2454/2023 in Crl.Appeal No.131/2023 directing the petitioner to deposit 20% of the fine amount as ordered by the trial court alone is set aside and the Sessions Court, Thrissur is directed to reconsider the matter in the light of the principle laid down by this Court in Baiju v. State of Kerala [2023 KHC Online 829]. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF CRL.MC 11002/2023 PETITIONER ANNEXURES ANNEXURE-A1 TRUE COPY OF IMPUGNED ORDER IN CRL.M.P. NO. 2454/2023 IN CRL.A.NO. COURT, THRISSUR,DATED 5/6/2023 ANNEXURE-A2 TRUE COPY OF CRIMINAL APPEAL NO. COURT, THRISSUR ,DATED 31.5.2023 ANNEXURE-A3 TRUE COPY OF JUDGMENT IN CC NO. FIRST CLASS MAGISTRATE COURT II, CHAVAKKAD ,DATED 15/5/2023 ANNEXURE-A4 TRUE COPY OF ORDER IN CRL.REV.PET NO-124/2023OF HONOURABLE HIGH COURT OF KERALA ,DATED 7/12/2023 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2023 Same Parties Muneera, vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan