IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.MC.No. 4494 of 2010() ----------------------- CRA.457/2010 OF SESSIONS COURT, KOLLAM CC.7/2008 OF JUDL. FIRST CLASS MAGISTRATE COURT-II, KOLLAM ................... PETITIONER / ACCUSED : ------------------------------------- SUMAYYA, W/O.SIYAD, NAVAS MANZIL, BHARATHIPURAM, ANCHAL, KOLLAM. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.PRATHAP PILLAI RESPONDENTS / COMPLAINANT : ------------------------------------------------- 1. RIYAS, THAYILPADINJATTATHIL, AYIRAMTHENGU CHERRY, MAYYANAD, KOLLAM-691 303. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4494 OF 2010 --------------------------------------------------------- Dated this the 11th day of November, 2010. O R D E R petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act. She filed Criminal Appeal No.457 of 2010 before Sessions Court, Kollam. By Annexure-I order sentence was suspended on conditions. Petition is filed under Section 482 of code of Criminal Procedure to delete the condition to deposit one fourth of the compensation before the Magistrate. 2. Learned counsel appear for petitioner was heard. When the sentence sought to be suspended included compensation, learned Sessions Judge was justified in directing the petitioner to deposit a portion of the compensation to suspend the sentence. Learned Sessions judge directed to deposit only one fourth of the compensation. Hence, I find no reason to interfere with the said direction. If petitioner is not in a position to deposit that amount she is at liberty to approach the learned Sessions Judge to dispose of the appeal expeditiously. If such a petition is filed, learned Sessions Judge shall dispose of the appeal expeditiously. M.SASIDHARAN NAMBIAR, JUDGE mns