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2026 Supreme(Online)(Ker) 5119

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
REMITHA AGED 47 YEARS W/O KANAKAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.B.RAJESH, SHRI.K.P.VISWAMBHARAN
For the Respondents: PUBLIC PROSECUTOR- SRI M P PRASANTH

O R D E R

Aggrieved by Annexure A1 judgment passed by the Court of the Judicial First Class Magistrate (Special Maradu Cases), Kozhikode (‘Trial Court’, for short), in S.T. No. 97/2021, convicting and sentencing the petitioner for an offence under Section 138 of the Negotiable Instruments Act (‘NI Act’, for brevity), the petitioner has preferred Crl. Appeal No. 417/2025 before the Court of Session, Kozhikode (‘Appellate Court’, for short). Along with the appeal, the petitioner also filed an application to suspend the execution of the sentence of fine. However, by the impugned Annexure A3 order, the Appellate Court has suspended the execution of the sentence, subject to the condition that the petitioner deposit 20% of the cheque amount within 60 days from the date of the order. Annexure A3 order is palpably wrong and unsustainable in law. The Appellate Court has failed to give any reason in the said order as laid down by the Honourable Supreme Court in Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd ( 2023 (6) KHC 80 ) and Surinder Singh Deswal @ Col. S.S. Deswal and others v. Virendar Gandhi ( 2019 (11) SCC 341 ). Hence, the Annexure A3 order may be quashed,

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