Property Allotted In Lieu Of Ancestral Land Left In Pakistan Retains Coparcenary Character; Karta Cannot Gift It Away: Punjab & Haryana HC Bail Applicant Under 'Solemn Obligation' To Disclose Criminal History; Material Suppression Disentitles Discretionary Relief: Orissa High Court Mother Surreptitiously Marrying Away Daughter Without Father’s Knowledge Amount To Mental Cruelty: Madras High Court Grants Divorce Time Is Generally Not The Essence Of Contract In Sale Of Immovable Property; Unilateral Notice Cannot Alter Mutually Agreed Terms: Himachal Pradesh High Court Mere Use Of Surname No Defence If Adoption Is Dishonest & Causes Confusion In Pharma Trade: Delhi High Court Restrains 'Reddy Pharmaceuticals' Complainant’s Failure To Provide Specific Loan Details & Evidence Of Parties' Involvement In Ponzi Scheme Rebuts Section 139 NI Act Presumption: Calcutta High Court Statutory Mandate Of Section 17-B: Payment Of Minimum Wages Means Revised Rates From Time To Time, Not Frozen Amount: Delhi High Court Reporting Court Proceedings & Good Faith Complaints To Authorities Not Defamation: Allahabad High Court Quashes Summoning Order Appointment Obtained Via Fraud Vitiates Initial Entry; Article 311 Protection Not Available To Such Employees: Allahabad High Court Surviving Spouse’s Elevation To Second In Line Of Succession Not ‘Manifestly Arbitrary’: Bombay High Court Upholds Goa Succession Act Amendments Patent Rights Stand Exhausted Once Components Are Sourced From Authorized Market Dealers; Royalty Cannot Be Calculated On Entire Product: Delhi High Court FCI Cannot Unilaterally Reduce Rent Or Recover 'Excess' Payment Without Landlord's Consent & Notice: Punjab & Haryana High Court Judicial Sanctity Cannot Be Given To Adulterous Relationships; No Habeas Corpus For Married Woman Living With Husband: Himachal Pradesh High Court Recoveries From Open Spaces Without Proof Of Concealment Don't Qualify Under Section 27 Evidence Act: Supreme Court Large Time Gap In 'Last Seen Together' Theory Snaps Chain Of Circumstances; Supreme Court Acquits Murder Accused Non-Recovery Of Mobile Phone Or Video Not Fatal To Criminal Intimidation Charge If Victim's Testimony Is Credible: Supreme Court Threat To Upload Private Video Online Violates Woman's Sexual Autonomy, Amounts To 'Imputing Unchastity' Under Sec 506 IPC: Supreme Court Intention To Kill Essential For Section 307 IPC Conviction; Nature Of Injury Not Sole Determinant: Supreme Court Intention To Commit Murder Cannot Be Presumed Merely Because Injury Was Dangerous To Life: Supreme Court Alters Conviction To Section 325 IPC Supreme Court Cancels Bail Of Accused Who Absconded For 42 Days Post-Bail Revocation; Says Contumacious Conduct Bars Fresh Relief High Court Cannot Grant Fresh Bail By Ignoring Supreme Court’s Earlier Order Cancelling Bail Without Change In Circumstances: Supreme Court Mutation Entries Supported By Registered Sale Deeds For Long Period Relevant To Establish Possession: Supreme Court Allegation Of Fraud In Registered Documents Must Be Supported By Foundational Facts; Adverse Inference Drawn If Plaintiff Avoids Witness Box: Supreme Court Commercial Courts Must Assign Reasons For Not Passing Conditional Orders In Summary Judgment Applications: Calcutta High Court Friendly Loan Without Commercial Consideration Not A 'Legally Enforceable Debt' Under Section 138 NI Act: Jharkhand High Court Commercial Courts Act: ₹3 Lakh ‘Specified Value’ Amendment Is Self-Operative; No Separate Govt Notification Required: Andhra Pradesh HC Full Bench Drug Inspector’s Prosecution Voids If Specific Area Of Jurisdiction Is Not Notified In Official Gazette: Kerala High Court Order 41 Rule 27 CPC | Photostat Copies Of Sale Deeds Not Admissible As Additional Evidence To Fill Gaps In Trial Stage: Punjab & Haryana HC

Appellate Court’s Discretion in Section 148 of N.I. Act Requires Reasoned Orders – Kerala High Court

07 May 2024 8:19 AM

By: Admin


The Kerala High Court clarified the interpretation of Section 148 of the Negotiable Instruments Act, 1881 (N.I. Act), which addresses the appellate court’s power to order payment pending an appeal against a conviction under Section 138 of the N.I. Act.

The bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Dr. Justice Kauser Edappagath dealt with the matter arising out of CRL.M.C.NO.1077 OF 2024 & CRL.M.C.NO.558 OF 2024, involving the parties P. Sreenivasan (Petitioner) versus Babu Raj & State of Kerala (Respondents).

The judgment focused on whether the appellate court is mandated to provide reasons when exercising its discretion under Section 148 of the N.I. Act.

The issue emerged from the differing interpretations of the law in previous judgments, specifically in the context of Section 148 of the N.I. Act. The case revolved around the interpretation and application of this section concerning the appellate court’s discretion in ordering payments pending an appeal against a conviction under Section 138 of the N.I. Act.

Appellate Court’s Discretion: The court noted that under Section 148 of the N.I. Act, the appellate court has the discretion to order the appellant to deposit a portion of the fine or compensation or to waive such a deposit. This discretion must be exercised with reasons provided for the decision.

Minimum Deposit Requirements: If the appellate court decides to demand a deposit, the amount cannot be less than 20% of the fine or compensation awarded by the trial court. The court emphasized that reasons must be provided if any amount more than this minimum is demanded.

Interpretation in Light of Precedents: The court interpreted Section 148 by referring to the Supreme Court judgments in Surinder Singh Deswal @ Col. S.S. Deswal and Others v. Virender Gandhi and Jamboo Bhandari v. M.P.State Industrial Development Corporation Ltd.

Remanding Cases for Fresh Orders: Due to the absence of reasons in the appellate court’s orders in the current cases, the High Court set aside these orders, remanding the cases for fresh adjudication with the directive that the appellate court issue new orders in line with the guidance provided.

Conclusion: The High Court emphasized the need for reasoned orders from the appellate court while exercising its discretion under Section 148 of the N.I. Act, thus balancing the interests of justice with procedural fairness.

Date of Decision: March 21, 2024
Sreenivasan Vs. Babu Raj & State of Kerala

Latest Legal News