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2026 Supreme(Online)(Ker) 20547

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ABID K.K – Appellant
Versus
RABIYA POOKOTTU – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.B.ARUNKUMAR, SHRI.RANJIT BABU, SMT.POOJA K.S.
For the Respondents: SMT. SEETHA S.

Table of Content
1. challenge against conviction under negotiable instruments act. (Para 1)
2. suspension application and deposit requirement. (Para 2 , 3)
3. no interference warranted by the court. (Para 4)

O R D E R Dated this the 19th day of March, 2026 Aggrieved by Annexure A1 judgment passed by the Court of the Judicial First Class Magistrate-II, Nadapuram (Trial Court) in S.T No.61/2024, convicting and sentencing the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act (‘N.I.Act’, in short), the petitioner had preferred Crl.Appeal No.352/2025 before the Court of Session, Kozhikode (Appellate Court). Along with the appeal, the petitioner had filed application to suspend the execution of the sentence. Initially, the Appellate Court, by Annexure A2 order, suspended the sentence by ordering the petitioner to deposit 20% of the fine amount. The petitioner challenged the order before this Court. By order in Crl.M.C No.9550/2025, this Court directed the Appellate Court to reconsider the matter. Consequently, notwithstanding the specific contentions raised in the application and the Memorandum of Appeal, by Annexure A3 order, the Appellate Court has di

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