ORDER

This application under Section 482 of Cr.P.C. has been filed against order dated 24.01.2024 passed by Sessions Judge, Chhindwara in CRR No.58/2023 arising out of order dated 20.02.2023 passed by Judicial Magistrate First Class, Chhindwara in SCNIA No.181/2021 by which applicant has been directed to deposit 20% of the cheque amount as per the mandate of Section 143-A of Negotiable Instruments Act.

2. It is submitted by counsel for applicant that High Court of Kerala at Ernakulam by order dated 17.11.2023 passed in the case of Faizal Abdul Samad vs. A. N Sasidharan and another in CRL.MC No.8132/2023 has held that it is mandatory on the part of the Magistrate to assign reasons for directing to deposit 20% of the cheque amount because under Section 143-A of Negotiable Instruments Act it is merely a maximum ceiling and the Magistrate has a discretion to direct for deposit of lesser amount.

3. Considered the submissions made by counsel for applicant.

4. The High Court of Kerala in the case of Faizal Abdul Samad (supra) has held as under: “9. Thus in Jisha’s case, this Court also observed that even though, the word ‘may’ is used in Section 143A(1) of NI Act, it will h