IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 1788 of 2011() ------------------------ ST.101/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - III, KOLLAM ................ PETITIONER / ACCUSED: ------------------------------------- NASEEHATHYANA, W/O.SAKEER HUSSAIN, RANI MAHAL, VETTUVILAKATHU, VAZHIMUKKU, BALARAMAPURAM, THIRUVANANTHAPURAM. BY ADVS. SRI.SASTHAMANGALAM S. AJITHKUMAR SMT.A.NEENA JOSE SRI.V.S.THOSHIN RESPONDENT / COMPLAINANT: ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SIYAD, AGED 42, S/O.THAJUDEEN, TAJ MAHAL, THEKKEVILA CHERRY, POLAYATHODU, MUNDAKKAL, KOLLAM-691 001. R1 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1788 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : COPY OF THE JUDGMENT AND SENTENCE IN S.T.101/09 OF JFMC-III, KOLLAM. ANNEXURE - B : COPY OF THE ORDER OF THE SESSIONS COURT, KOLLAM DT. 24/5/11 IN CRL.M.P.1349/11 IN CRL.A.195/11. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1788 of 2011 ==================================== Dated this the 15th day of June, 2011 O R D E R Petitioner faced trial in the court of learned Judicial First Class Magistrate-III, Kollam in S.T. No.101 of 2009 for offence punishable under Section 138 of the Negotiable Instruments Act, was convicted and sentenced to undergo simple imprisonment for six months and payment of compensation of `2,00,000/-. Petitioner preferred Criminal Appeal No.195 of 2011 in the court of learned Sessions Judge, Kollam and sought suspension of sentence vide Crl.M.P. No.1349 of 2011. Learned Sessions Judge by order dated May 24, 2011 suspended the sentence subject to conditions including that petitioner shall deposit `50,000/- within one month. Learned counsel submitted that petitioner has got a very good chance of success in the appeal. It is contended that even according to the second respondent, alleged liability arose on a transaction between the husband of petitioner and the second respondent. 2. It is not necessary for me to go into the correctness or otherwise of the decision of the trial court in this proceeding. It is CRL.M.C. No. 1788 of 2011 -: 2 :- within the power of the learned Sessions Judge to impose conditions while suspending the sentence. Learned Magistrate directed petitioner to pay compensation of `2,00,000/- to the second respondent. Learned Sessions Judge in exercise of the power conferred on him directed petitioner to deposit `50,000/- as condition for suspending the sentence and direction for deposit of compensation. I do not find reason to interfere with the discretionary power learned Sessions Judge has exercised. But I am inclined to modify the amount to `35,000/- which petitioner shall deposit in the trial court within one month from this day. Resultantly, Criminal Miscellaneous Case is disposed of in the following lines: (i) Annexure-B, order dated May 24, 2011 on Crl. M.P. No.1349 of 2011 in Criminal Appeal No.195 of 2011 of the court of learned Sessions Judge, Kollam is modified to the extent that petitioner shall deposit `35,000/- (Rupees Thirty five thousand only) within a month from this day. CRL.M.C. No. 1788 of 2011 -: 3 :- (ii) Petitioner shall execute the bond (if not already executed) within two weeks from this day subject to deposit of the amount within the time aforesaid. THOMAS P. JOSEPH, JUDGE. vsv