An Additional Court of Sessions has jurisdiction to interfere with an order passed by the Principal Court of Sessions if it is in charge of the court at the relevant time.

ORDER

Dated this the 04th day of January, 2022 In view of the relief sought in the application notice to the

1st respondent is dispensed with.

2. This Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.’) seeking to set aside an order passed by Additional Court of Sessions Irinjalakuda on 29.10.2021 in Crl.M.P.No.148/2021 in Crl.A.No.37/2021 stating that it has got no jurisdiction to lift the condition as prayed for, for the reason that the original order imposing the condition was passed by Court of Sessions, Thrissur.

3. Crl.M.P.No.581/2021 was filed by the petitioner in the Crl.Appeal seeking to suspend the execution of the sentence imposed by the trial court while challenging it. The Principal Court of Sessions, Thrissur has passed an order suspending the execution of the sentence on imposing a condition to deposit a sum of Rs.1,25,000/- and on execution of a bond of Rs.50,000/- with two solvent sureties each for the like sum before the court below. Crl.M.P. No.148/2021 was filed by the petitioner before the Additional Court of Sessions, Irinjalakuda since at the relevant time charge of the Principal Court of Sessions has been conferred on that court and the prayer was to lift the condition directing deposit of Rs.1,25,000/- while suspension of execution of sentence was ordered. The Additional Court of Sessions, Irinjalakuda was declined to interfere with the order assailed stating that it is devoid of jurisdiction.

4. This Court finds that Crl.M.P.No.148/2021 was filed before the Additional Court of Sessions, Irinjalakuda while it was in charge of Court of Sessions, Thrissur. Therefore, being in charge, the court has got jurisdiction to interfere with on noticing any error in the order assailed.

5. The condition was found imposed while passing an order under Section 148 of the Negotiable Instruments Act, 1881 (for short ‘the N.I.Act’). Section 148 directs the appellate court to order payment of 20% of the fine or compensation awarded by the trial court pending consideration of appeal against an order of conviction. The court is empowered to direct deposit of 20% of the fine or compensation as a condition while ordering to suspend the execution of sentence. But, in the case on hand the direction was to deposit Rs.1,25,000/- which is Rs.25,000/- over and above the amount directed to be deposited under Section 148 N.I.Act. Rupees Five Lakhs being the fine amount imposed by the trial court, 20% of it would only come to Rs.1,00,000/- and Court of Sessions, Thrissur ought to have issued direction to the appellant to deposit only Rs.1,00,000/-. Therefore, the order suffers for illegality of the nature and the Additional Court of Sessions being seized of the matter then was empowered to interfere with and modify it. The order assailed being erroneous, is only to be set aside.

In the result, the Crl.M.C. is allowed and the order assailed is set aside. The court now seized of Criminal Appeal No.37/2021 shall consider Crl.M.P.No.148/2021 in the light of the above discussion and pass appropriate orders within two weeks from this day.

Sd/-

MARY JOSEPH

MJL JUDGE

APPENDIX PETITIONER ’ S ANNEXURE S:

ANNEXURE-1 TRUE COPY OF THE JUDGMENT IN ST NO.3923 OF 2017 BY THE JUDICIAL MAGISTRATE FIRST CLASS COURT, CHALAKKUDY DATED 23.01.2021 ANNEXURE-2 TRUE COPY OF THE ORDER DATED

18.02.2021 IN CRL.M.P.NO.581/2021 IN CRL.A.NO.37/2021.

ANNEXURE-3 TRUE COPY OF CRL.M.P.NO.148/2021 DATED NIL FILED BY THE PETITIONER.

ANNEXURE-4 TRUE COPY OF ORDER DATED 29.10.2021 IN CRL.M.P.NO.148/2021 IN CRL.A.NO.37/2021 RESPONDENTS’ ANNEXURES: NIL TRUE COPY P A TO JUDGE