IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Crl.MC.No. 3097 of 2009() ------------------------- AGAINST THE ORDER DATED 24/08/2009 IN CRMP.1868/2009 IN CRA.354/2009 of ADDL.SESSIONS COURT, KOTTAYAM ST.1513/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT V,KOTTAYAM .................... PETITIONER(S): APPELLANT:ACCUSED: ------------------------------------------------------------- P.M. HASSANKUTTY, PROPRIETOR, BISMILLA WASTE, PAPER STORES, M.L. ROAD, KOTTAYAM, RESIDING AT PARAPPALLIL, KUMMANAM P.O., KOTTAYAM. BY ADV. SMT.RUBY K.JOSE RESPONDENT(S): RESPONDENTS:COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. N.N. DIVAKARAN, S/O. P.K. NARAYANAN, VARIKKAKUZHIYIL, THELLAKOM KARA, PEROOR VILLAGE, KOTTAYAM. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3097 OF 2009 ------------------------------------------ Dated 24th September 2009 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Sentence includes a direction to pay compensation of Rs.2,00,000/-. Petitioner filed Crl.A.354/2009 before Sessions court, Kottayam and also filed Crl.M.P.1868/2009 to suspend the sentence. Learned Additional Sessions Judge while suspending the sentence directed the petitioner to deposit Rs.50,000/- within two months as a condition. This petition is filed to delete the said condition. 2. Learned counsel appearing for petitioner was heard. 3. Argument of the learned counsel is that petitioner is not in a position to deposit Rs.50,000/- and when there is every chance of reversal of the conviction, learned Sessions Judge is not justified in directing the petitioner to deposit Rs.50,000/-. Learned counsel appearing for petitioner submitted CRMC 3097/09 2 that if petitioner is to deposit a portion of the amount, leniency may be shown. 4. On hearing the learned counsel, I find no reason to interfere with Annexure-A3 order. When cheque is for Rs.2,00,000/- and the sentence sought to be suspended includesz compensation of Rs.2,00,000/-, learned Sessions is justified in directing to deposit Rs.50,000/- for suspending the sentence. If the petitioner is not in a position to deposit the same, he is at liberty to approach the learned Sessions Judge to dispose the appeal expeditiously. If such a petition is filed, Sessions Judge is to dispose the appeal expeditiously. M.SASIDHARAN NAMBIAR, JUDGE. uj.