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2026 Supreme(Online)(Ker) 5851

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
JIXON A D – Appellant
Versus
M/S SREE GOKULAM CHIT & FINANCE CO. PVT.LTD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.S.ANEESH, SRI.SHYAMDEEP S.SHENOY, SRI.RENISH RAVEENDRAN, SMT.C.S.GEETHU, SMT.PRIYANKA SAJU
For the Respondents: PP SRI M P PRASANTH

C.S.DIAS, J.

---------------------------------------------

Crl.M.C. No. 707 of 2026 ----------------------------------------------

Dated this the 27th day of January, 2026 ORDER Aggrieved by Annexure A1 judgment passed by the Court of the Judicial First Class Magistrate-III, North Paravur (Trial Court) in ST No.935/2022, convicting and sentencing the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act (‘N.I.Act’, in short), the petitioner has preferred Crl.Appeal No.675/2025 before the Court of the Additional Sessions Judge-I, North Paravur (Appellate Court). Along with the appeal, the petitioner also filed Annexure A3 application to waive the statutory deposit of 20% of the compensation amount. However, by Annexure A4 order, the Appellate Court dismissed Annexure A3 application and by Annexure A5 order the Appellate Court suspended the sentence subject to the condition that the petitioner deposits 20% of the fine amount. Annexures A4 and A5 orders are unreasonable and unjustifiable. The petitioner had specifically pleaded in Annexure A3 application that he does not have properties and he is suffering from severe back pain. Hence, he is precluded

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