IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Crl.MC.No. 3268 of 2009 ---------------------------------------- CRMP.2642/2009 IN CRA.326 /2009 of SESSIONS COURT, KOLLAM .................... PETITIONER: SHAFEEK, AGED 28 YEARS, S/O.THAJUDEEN, SHAMNA MANZIL, TKM P.O., KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.S.SUNIL NARAYANAN RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.K.SHAJAHAN, SHAN MANZIL, THATTARKONAM P.O., KOLLAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3268 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act by Judicial First Class Magistrate-IV, Kollam in S.T.No.50/2009. The sentence includes a fine of Rs.2,50,000/-. Petitioner challenged the conviction and sentence before Sessions Court, Kollam in Crl.A.No.326/2009. He also filed Crl.M.P.No. 2642/2009 to suspend the sentence. Under Annexure- A2 order, learned Sessions Judge suspended the sentence on conditions. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition directing the petitioner to deposit one fifth of the amount covered by the dishonoured cheque. 2. Learned counsel appearing for the petitioner was heard. CRMC 3268/09 2 3. Learned counsel appearing for the petitioner submitted that learned Sessions Judge was not justified in directing the petitioner to deposit a portion of the amount covered by the dishonoured cheque, as the appeal is pending. 4. Petitioner sought to suspend the sentence, which includes a fine of Rs.2,50,000/-. I find no reason to interfere with the direction of the learned Sessions Judge to deposit one fifth of the amount covered by the dishonoured cheque. Learned counsel then submitted that petitioner may be granted two weeks' time to make the deposit. Petitioner is granted two weeks' time from today to deposit the amount as ordered in Annexure-A2 order. Petition is disposed. 12th October, 2009 (M.Sasidharan Nambiar, Judge) tkv