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2026 Supreme(Online)(Ker) 23040

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ANEESH – Appellant
Versus
V.KRISHNA PILLAI – Respondent


Advocates:
For the Appellants/Petitioners: SRI.LATHEESH SEBASTIAN
For the Respondents: SRI.M.P.PRASANTH

Table of Content
1. petitioner's conviction under section 138 of ni act. (Para 1)
2. consideration for suspension of sentence based on presented reasons. (Para 2 , 3)
3. court's decision to confirm the appellate court's order with an extended deadline. (Para 4)

ORDER

Aggrieved by Annexure 2 judgment passed by the Court of the Judicial First Class Magistrate -III, Nedumangad, (‘Trial Court’, in short), in S.T.No.8/2017, convicting and sentencing the petitioner for committing an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 , (‘NI Act’, in short) the petitioner has preferred Crl.Appeal No.232/2025 before the Court of Sessions, Thiruvananthapuram, (‘Appellate Court’, in short). Along with the appeal, the petitioner filed an application to suspend the execution of the sentence. By Annexure 3 order, the Appellate Court has allowed the application, by suspending the execution of sentence subject to the condition that the petitioner executes a bond for Rs.50,000/- with two solvent sureties and also deposit 20% of the fine amount within the statutory period. Annexure 3 order is erroneous and unsustainable in law. Hence, the Crl.M.C.

2. I have heard the learned c

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