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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
K.A.SUDHAKARAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. judgment review based on appeal and health factors. (Para 1 , 2) |
| 2. arguments for exceptional circumstances regarding fine deposit. (Para 4 , 5) |
| 3. court's view on precedents guiding appellate discretion. (Para 6 , 7 , 8) |
| 4. final ruling on waiving the fine deposit condition. (Para 9) |
C.S.DIAS, J.
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Crl.M.C. No.10581 OF 2025 ----------------------------------------------
Dated this the 28th day of November, 2025 ORDER Aggrieved by Annexure A1 judgment passed by the Court of the Judicial First Class Magistrate-II, Chavakkad (Trial Court) in CC No.17/2018 convicting and sentencing the petitioner for an offence under Section 138 of the Negotiable Instruments Act (‘N.I.Act’, in short), the petitioner has preferred Annexure A2 appeal before the Court of Session, Thrissur (Appellate Court). Along with the appeal, the petitioner also filed Annexure A3 application to suspend the execution of the substantive sentence and fine imposed on him. However, by the impugned Annexure A5 order, the Appellate Court suspended the sentence subject to the condition that the petitioner deposits 20% of the fine amount before the Trial Court within o
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