Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
USHA – Appellant
Versus
LISSY. V.S – Respondent
| Table of Content |
|---|
| 1. court examines appellant's financial incapacity. (Para 1 , 3) |
| 2. court outlines discretionary power of appellate courts under ni act. (Para 5 , 6) |
| 3. final ruling allows suspension of sentence with conditions. (Para 7 , 8 , 9) |
O R D E R
Dated this the 10th day of February, 2026 Aggrieved by Annexure A1 judgment passed by the Court of the Judicial First Class Magistrate-IV, Attingal (‘Trial Court’, in short), in S.T.No.214/2016, convicting and sentencing the petitioner for an offence under Section 138 of the Negotiable Instruments Act , 1881 (‘NI Act’, for brevity), the petitioner has preferred Crl.Appeal No.169/2025 before the Court of Session, Thiruvananthapuram (‘Appellate Court’, in short). Along with the appeal, the petitioner also filed Annexure A3 application to suspend the execution of the substantive sentence and fine and waive the deposit of the fine amount. However, by the impugned Annexure A4 order, the Appellate Court has directed the petitioner to deposit 20% of the fine amount within the statutory period. Annexure A4 order is unreasonable and unjustifiable. The Appellate Court has failed to consider the exceptional circumstances made out by the petit
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
