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2025 Supreme(Online)(Ker) 56906

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
K.K.RAMACHANDRAN – Appellant
Versus
C.NANDAKUMAR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.BALAGOPALAN, SHRI.A.RAJAGOPALAN, SHRI.M.N.MANMADAN, SRI.M.S.IMTHIYAZ AHAMMED, SMT.P.SEENA, SHRI.ROHITH R. KARTHA
For the Respondents: SHRI.ARJUN S. PP, SRI.C.S. HRITHWIK

C.S.DIAS, J.

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Crl.M.C. No. 9240 OF 2025 -----------------------------------------

Dated this the 17th day of October, 2025 ORDER The petitioner was the accused in C.C.No.79/2022 filed by the 1st respondent before the Court of the Judicial First Class Magistrate-III, Ernakulam (‘Trial Court’, in short) for allegedly committing the offence punishable under Section 138 of the Negotiable Instruments Act (‘N.I.Act’, in short). The petitioner was convicted and sentenced to undergo simple imprisonment for one month and pay a fine of Rs.10,50,000/-. Assailing the judgment, the petitioner filed Crl.A No.595/2024 before the Court of the Additional Sessions Judge-V, Ernakulam (‘Appellate Court’, for brevity.) With the appeal, the petitioner filed applications to suspend the sentence and exempt him from depositing 20% of the fine amount as per the mandate under Section 148 of the N.I.Act. The Appellate Court allowed both the applications. Aggrieved by the order granting exemption to the petitioner from making the pre- deposit, the 1st respondent filed Crl.M.C.No.4593/2025 before this Court, which was allowed by directing the Appellate Court to reconsider t

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