IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Crl.MC.No. 3830 of 2010() ---------------------------------- CRMP.2039/2010 IN CRA.311/2010 of SESSIONS COURT, KOTTAYAM S.T. NO.691/2005 OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, PALA. .................... PETITIONER(S): APPELLANT/ACCUSED --------------------------------------------------------- T.K.VENKITACHALAM, S/O.K.M.KRISHNAN ACHARI, KUREEKATIL HOUSE, KIDANGOOR SOUTH P.O., KOTTAYAM. BY ADV. SRI.MATHEW ABRAHAM RESPONDENT(S): RESPONDENTS/COMPLAINT AND STATE ------------------------------------------------------------------------------------- 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., PALA BRANCH, REPRESENTED BY ITS MANAGER RAJASEKHARAN NAIR, S/O.NARAYANAN NAIR(55) VADAKKANATTU HOUSE, VALLICHIRA. 686 575. 2. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3830 OF 2010 =========================== Dated this the 17th day of September,2010 ORDER This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure A1 and A2 orders passed by the Sessions Court, Kottayam. Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act in S.T.691/2005. Petitioner challenged that conviction before Sessions Court, Kottayam in Crl.A.311/2010. Learned Sessions Judge suspended the sentence on condition. One of the condition was that petitioner shall deposit Rs.10,000/- within one month. Petitioner without depositing that amount filed Crl.M.P.2415/2010 to extent the time. By Annxure A2 order, learned Sessions Judge extended the period for deposit by two weeks Crl.M.C.3830/2010 2 from 8.8.2010. When an appeal is filed challenging the conviction and sentence for the offence under section 138 of Negotiable Instruments Act and suspension of sentence is sought for, learned Sessions Judge is competent to direct the appellant to deposit a portion of the amount covered by the dishonoured cheque as a condition for suspending the sentence. Hence there is no illegality in Annexure A1 order or granting extention of time for deposit by Annexure A2 order. Therefore the petition can only be dismissed. If the petitioner deposits the amount within ten days from this day, it shall be treated as in compliance with Annexure A1 and A2 orders. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006