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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
M/S GREEN CHANNEL HOLIDAYS (INDIA) PRIVATE LIMITED – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. exceptional circumstances warrant waiver of deposit. (Para 1 , 4 , 7) |
| 2. the court's analysis on statutory deposits and financial distress. (Para 2) |
| 3. discretion of the appellate court under section 148 reaffirmed. (Para 5 , 6) |
| 4. court's directive regarding bond execution. (Para 8) |
O R D E R
Aggrieved by the common judgments in C.C. No.
21/2022 and C.C. No. 22/2021, passed by the Court of the Judicial First Class Magistrate-II, Perumbavoor (‘Trial Court’, for short), convicting and sentencing the petitioners for the offence under Section 138 of the Negotiable Instruments Act (‘NI Act’, for short), the petitioners have filed Crl. Appeal Nos. 497/2025 and 479/2025 before the Additional Sessions Court, Muvattupuza (‘Appellate Court’, for short). Along with the appeals, the petitioners also filed two applications, that is, (i) to suspend the substantive sentence of fine and (ii) to waive the statutory deposit of 20% as envisaged under Section 148 of the NI Act. However, by the impugned Annexure I order in CMP No. 415/2025 in Crl.A.No. 497/2025, the Appellate Court, on finding that the petitioners had not made out any exceptional circumstances to waive the statutory depo
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