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2023 Supreme(Online)(KER) 24874
HIGH COURT OF KERALA
P. G. Ajithkumar, J
SUDHEER KHAN – Appellant
Versus
HIMAM SHAFI – Respondent
Crl.MC 9698 2023
Judicial discretion must consider a petitioner's unique circumstances when imposing conditions on suspended sentences under the Negotiable Instruments Act.
Headnote:
Condition - Suspension of Sentence - Negotiable Instruments Act - Section 138 - The appellate court's condition for suspending the sentence requires modification based on the petitioner’s circumstances and precedent set by the Supreme Court.
Fact of the Case:
The petitioner challenged the appellate court's order imposing a 20% fine deposit condition for suspending his sentence in a conviction case under the Negotiable Instruments Act, citing his poor health as a reason.
Finding of the Court:
The court allowed the petitioner to file a request to delete the deposit condition, directing the Sessions Court to consider special circumstances in light of a Supreme Court ruling.
Issues: Whether the appellate court's condition of requiring a 20% deposit of the fine for sentence suspension is appropriate given the petitioner's health condition.
Ratio Decidendi: The court emphasized that special circumstances should be considered in sentencing conditions and that the Sessions Court is required to evaluate such factors when reassessing the imposed conditions.
Final Decision: The petitioner is permitted to seek modification of the deposit requirement for suspension of sentence.
ORDER
This Crl.M.C is filed challenging Annexure A5 order by which the appellate court imposed a condition for suspending sentence. The petitioner was convicted and sentenced by the Judicial First Class Magistrate Court-IV, Thiruvananthapuram under Section 138 of the Negotiable Instruments Act proceedings. Aggrieved by the conviction and sentence, the petitioner filed Crl.A No.196 of 2023 before the Sessions Court, Thiruvananthapuram. The Sessions Court as per Annexure A5 order, suspended the sentence on condition that the petitioner will execute a bond and also that the petitioner will deposit 20% of the fine amount before the court within sixty days. The grievance of the petitioner is that the petitioner is bedridden and he is not in a position to pay 20% of the fine amount. It is also submitted by the petitioner that in the light of the judgment of the Apex Court in Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. [2023 (6) KHC 830], the appellate court should consider the special circumstances, if any, before imposing the condition to pay the fine amount.
2. Considering the facts and circumstances of the case, I think the petitioner can be allowed to file a petition before the Sessions Court for deleting the condition for deposit of 20% of the fine amount with sufficient reasons. If such a petition is filed, there can be a direction to the Sessions Judge to consider the same, within a time frame.
Therefore, this Crl.M.C is disposed of in the following manner:
1. The petitioner is free to file a petition before the Sessions Court, Thiruvananthapuram to modify the condition in Annexure A5 to deposit 20% of the fine amount within one week from the date of receipt of a certified copy of this order.
2. If such a petition is received, the Sessions Judge will consider the same and pass appropriate orders in it, in the light of the decision of the Apex Court in Jamboo Bhandari’s case (supra). sd/- P.V.KUNHIKRISHNAN JUDGE das APPENDIX OF CRL.MC 9698/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE COMPLAINT FILED UNDER S.190 AND 200 OF THE CRIMINAL PROCEDURE CODE BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM DATED
25.10.2013 Annexure A2 TRUE COPY OF THE ORDER OF THE HON'BLE FIRST CLASS CHIEF JUDICIAL MAGISTRATE-IV (MOBILE COURT), THIRUVANANTHAPURAM DATED
23.08.2023 IN C.C 48/21 Annexure A3 TRUE COPY OF THE APPEAL FILED BEFORE THE HON'BLE SESSION'S COURT, THIRUVANANTHAPURAM DATED 25.09.2023 IN CRL. APPEAL 196/2023 Annexure A4 TRUE COPY OF THE STAY PETITION FILED BEFORE THE HON'BLE SESSION'S COURT, THIRUVANANTHAPURAM DATED 25.09.2023 IN CRL. APPEAL 196/2023 Annexure A5 CERTIFIED COPY OF THE ORDER BY THE HON'BLE SESSION'S COURT, THIRUVANANTHAPURAM DATED
04.10.2023 IN CRIMINAL M.P NO.6427/2023 IN CRIMINAL APPEAL NO. 196/2023 ARISING OUT OF C.C.NO.48/2021 OF THE JUDICIAL FIRST CLASS MAGISTRATE-IV, THIRUVANANATHAPURAM Annexure A6 TRUE COPY OF THE JUDGEMENT OF THE HON'BLE SUPREME COURT IN Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. (2023 (6) KHC 80: 2023 SCC ONLINE
7115)
Annexure A7 TRUE COPY OF REPORT OF CONSULTATION AND PRESCRIPTION REGARDING THE MEDICAL CONDITION OF THE PETITIONER, BY DR. N GEORGE JOSEPH, DNB (PMR), MS, DPMR, PROFESSOR AND HOD PMR, KMCT MEDICAL COLLEGE, MANASSERY, KOZHIKODE Annexure A8 TRUE COPY OF THE MRI REPORT OF DORSAL SPINE BY DR.SHAJI'S ADVANCED (1.5T) MRI &
CT CENTRE, DATED 25.11.2021
