IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 2984 of 2010() ------------------------- CRA.351/2010 of SESSIONS COURT, PALAKKAD .................... PETITIONER(S): APPELLANT ---------------------------------------------- GEORGE VARKEY, S/O.VARKEY @ THANKACHAN, KANDANPARAMBIL HOUSE, AMAKKULAM, VADAKKENCHERRY, PALAKKAD DISTRICT. BY ADV. SRI.MANU GEORGE KURUVILLA RESPONDENT(S): RESPONDENTS -------------------------------------------------------- 1. JOHN, S/O.K.V.GEORGE, KIZHAKKEMURIYIL HOUSE, PRADHANI, VADAKKENCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2984 of 2010 = = = = = = = = = = = = = = Dated this the 28 th day of July, 2010 ORDER Petitioner, who was the 1st accused in S.T.No.3260/2008 of J.F.C.M, Alathur in a prosecution under Section 138 of the Negotiable Instrument Act, 1881 involving a sum of Rs.2,25,000/-, was convicted by the Magistrate. Aggrieved by the said conviction and sentence passed by the Magistrate, the petitioner filed Crl.Appeal No.351/2010 before the Sessions Court, Palakkad. Annexure I is the order passed by the Sessions Court, suspending the sentence on condition that the petitioner executes a bond for Rs.1 lakh with two solvent sureties each for the like amount and also makes a deposit of 1/5th of the compensation amount within two months from 16.06.2010. It is the said order which is assailed in this Crl.M.C. 2. Having regard to the facts and circumstances of the case and the amount of compensation involved, I do not think that 1/5th of the compensation amount is a disproportionately high amount. At the same time I am inclined to grant the petitioner some more time. Likewise, it is not necessary to fix Crl. M.C. No.2984 of 2010 2 the sum of Rs.1 lakh as the bond amount. Annexure AI shall stand modified fixing the bond amount at Rs.15,000/-. The petitioner is given three months' time to deposit 1/5th of the compensation amount. This Crl.M.C is disposed of modifying the order to the above extent. Dated this the 28th day of July, 2010. V. RAMKUMAR, JUDGE sj