Court upheld the Appellate Court's order requiring deposit as a condition for suspension of the sentence under Negotiable Instruments Act.

O R D E R Dated this the 19^th 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 directed the petitioner to deposit 10% of the fine amount within 60 days. The said condition is onerous and unjustifiable. The Appellate Court has failed to give any reason in the impugned order as per the mandate laid down by the Honourable Supreme Court in Jamboo Bhandari v. M.P.State Industrial Development Corporation Ltd ( 2023 (6) KHC 80 ) and a Division Bench of this Court in P. Srinivasan v. Baburaj [ 2024 (2) KHC 621 ]. Hence, Annexure A3 order may be set aside.

2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor. As the Crl.M.C pertains to suspension of sentence, I dispense with notice to the 1st respondent.

3. The ground raised by the petitioner in the application to unconditionally suspend the sentence is that the cheques in question were issued as security and the same were misused by the complainant.

4. The Appellate Court, after considering the materials on record, particularly, the fact that the petitioner has admitted the execution of the cheques, has directed the petitioner to deposit 10% of the fine amount.

On an analysis of the assertions in the application and the findings in the order, I am satisfied that the Appellate Court has given cogent reasons for directing the petitioner to deposit 10% of the fine amount, and the same does not warrant any interference by this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023. Nonetheless, considering the fact that the time period to deposit the fine amount has already lapsed, I extend the time period fixed in Annexure A3 order by a further period of 30 days from today. If the petitioner deposits the 10% of the fine amount on or before 20.04.2026, the execution of the sentence will stand suspended, provided the petitioner also executes a bond as directed in Annexure A3 order.