IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Crl.MC.No. 4406 of 2010() ------------------------------- AGAINST THE ORDER DATED 30/09/2010 IN CRMP.2505/2010 IN CRA.415/2010 of SESSIONS COURT, KOLLAM .................... PETITIONER/ACCUSED : --------------------------- RADHAKRISHNAN V.J., S/O.JANARDHANAN PILLAI, ALUVILA EDUCATIONAL TRUST, EDAYADI POOTHAKULAM, PARAVOOR, KOLLAM. BY ADV. SRI.B.S.SURESH (CHIRAKKARA) RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LANCY FERNANDAZ, S/O.M.P.FERNANDAZ, MAC DALE, P.O.TAMARAKULAM, KOLLAM-690530. 3. ROBERT XAVIOUR, AS POWER OF ATTORNEY HOLDER OF LANCY FERNANDAZ, KADPURAM PUTHEN VAYIL, NEAR GAFFIL CLUB, THEKKUMBHAGAM P.O., ERAVIPURAM, KOLLAM-691001. BY SRI. I.V.PRAMOD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- Crl.M.C. No. 4406 of 2010 ------------------------------------- Dated this the 3rd day of November, 2010. ORDER Petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act. He filed Crl. Appeal No.415/2010 challenging the conviction and sentence before Sessions Court, Kollam. By Annexure-2 order, learned Sessions Judge suspended the sentence on conditions. The petition is filed to delete the condition directing the petitioner to deposit 1/5th of the compensation for suspending the sentence. 2. Learned counsel appearing for the petitioner was heard. 3. When a sentence for the offence under Section 138 of Negotiable Instruments Act is sought to be suspended and the sentence includes a direction to pay compensation, Sessions Judge is justified in directing the petitioner to deposit a portion of the compensation, as a condition to suspend the sentence. Hence, the condition to deposit a portion of the compensation cannot be quashed. The learned counsel then sought reduction of the amount to be deposited. Learned Sessions Judge has only directed to deposit 1/5th of the compensation. Hence, I find no reason to reduce the same . Crl.M.C. No. 4406 of 2010 2 4. The learned counsel then sought time to make the deposit when extension of time for deposit is sought, ordinarily it shall be sought from the concerned court. Still if the petitioner deposits the amount within 7 days from today, it shall be treated as in compliance with the order formed by the learned Sessions Judge. Petition is disposed of. M.SASIDHARAN NAMBIAR, JUDGE ln