IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Crl.MC.No. 2230 of 2009() ------------------------------------ CRMP.1404/2009 IN CRA.174/2009 of SESSIONS COURT, KOLLAM .................... PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------- P.T.SHAJIKUMAR, AGED 42, S/O. THANKAPPAN PILLAI, VADAKKEVILA VEEDU, VILAKKUDY. BY ADV. MR.ALAN PAPALI RESPONDENTS/RESPONDENTS/COMPLAINANTS. ----------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SECRETARY, PATHANAPURAM PRIMARY CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.Q 955, PUNALUR. R1 BY PUBLIC PROSECUTOR MR.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2230 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. He challenged the conviction and sentence before Sessions Court, Kollam in Crl.A.No.174/2009. Crl.M.P.No.1404/2009 was filed in the appeal for suspension of sentence. As per Annexure-I order dated 23.5.2009 sentence was suspended on executing bond for Rs.10,000/- with two solvent sureties each for the like sum and also on deposit of Rs.20,000/-, which is part of the compensation granted by the Magistrate. This petition is filed under Section 482 of Code of Criminal Procedure to quash the direction to deposit Rs.20,000/- contending that learned Sessions Judge was not justified in directing to deposit a portion of the compensation amount, which was challenged in appeal. CRMC 2030/09 2 2. Learned counsel appearing for the petitioner was heard. 3. Though learned counsel vehemently argued that learned Sessions Judge should not have directed petitioner to deposit Rs.20,000/-, which is part of the compensation amount challenged in the appeal, I cannot agree with the submission that the direction is illegal. If the petitioner wanted to get the relief, he has to deposit the amount as directed by the Sessions Judge. Learned counsel then submitted that petitioner may be granted time to deposit the amount. 4. Petition is disposed. Petitioner is granted one month's time from today to deposit the amount as ordered by the Sessions Judge in order dated 23.5.2009 in Crl.M.P.No.1404/2009. 9th July, 2009 (M.Sasidharan Nambiar, Judge) tkv