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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
YASIR, AGED 42 YEARS S/O AMMAD HAJI – Appellant
Versus
ASHRAF, AGED 52 YEARS S/O AMMAD – Respondent
| Table of Content |
|---|
| 1. analysis of conditions for suspension of sentences under the negotiable instruments act. (Para 2) |
| 2. court's discretion in interim orders and conditions for stay. (Para 3 , 4) |
| 3. final directive on expediting appeal proceedings. (Para 5) |
C.S.DIAS, J.
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CRL.MC No. 2851 OF 2025 -----------------------------------------
Dated this the 11th day of November, 2025 ORDER Assailing Annexure A1 common judgment passed by the Court of the Judicial First Class Magistrate-II, Nadapuram (Trial Court) in S.T.Nos.33/2022 and 34/2022, convicting and sentencing the petitioners for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I.Act’, in short), the petitioners preferred Crl.Appeal No.492/2024 before the Court of Session, Kozhikode (Appellate Court). Along with the appeal, the petitioner also preferred an application to suspend the execution of the substantive sentence and fine. The said application was opposed by the 1st respondent (defacto complainant). However, by Annexure A4 order, the Appellate Court has directed the petitioner to deposit 20% of the fine amount within within 60 days for the purpose of suspen
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