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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
GEORGE JACOB – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petition filed against a criminal conviction result. (Para 1) |
| 2. petitioner claims lack of financial means to fulfill fine conditions. (Para 2 , 3) |
| 3. court's reasoning on the discretionary powers granted in fines under the ni act. (Para 4 , 5 , 6 , 7) |
| 4. final ruling on waiver of the fine and execution of bond. (Para 8) |
ORDER
Aggrieved by Annexure A1 judgment passed by the Court of the Judicial First Class Magistrate-I, Kattappana, in C.C.No.204/2020, convicting and sentencing the petitioner for an offence under Section 138 of the Negotiable Instruments Act, 1881 , (‘NI Act’, in short), the petitioner has preferred Crl. Appeal No.171/2025 on the file of the Court of Session, Thodupuzha (Appellate Court). Along with the appeal, the petitioner had filed an application to suspend the execution of the substantive sentence and fine imposed on him. However, by the impugned Annexure A2 order, the Appellate Court suspended the sentence, subject to the condition that the petitioner deposits 20% of the fine/compensation amount within sixty days, failing which the order suspending sentence will stand vacated. In fact the petitioner had specifically pleaded in the application
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