IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Crl.Rev.Pet.No. 3278 of 2008 ---------------------------------------- AGAINST THE ORDER DATED 30/05/2008 IN CRMP.1418/2008 IN CRL.A.487/2008 OF SESSIONS COURT, KOZHIKODE. .................... REVN. PETITIONER/ PETITIONER: ------------------------------------------------ C.K.MOHAN DASAN, AGED 43 YEARS, S/O.VELUKUTTY, RESIDING AT KANDAR HOUSE,MELERIKAVU P.O, THENHIPALAM, CALICUT UNIVERSITY,KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. P.RAMANI, W/O.LATE KRISHNAN KUTTY, NETHYATTU PARAMBA,P.O.PUTHIYARA,KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. NAZER. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 3278 OF 2008 ............................................ DATED THIS THE 25th DAY OF SEPTEMBER, 2008 ORDER Learned counsel appearing for petitioner was heard. Revision petition is filed challenging the order passed by Sessions Court, Kozhikode in Crl.A.487 of 2008 in CMP 1418 of 2008, a petition filed under sub-section (1) of Section 389 of Code of Criminal Procedure to suspend the sentence awarded by the learned Magistrate during the pendency of the appeal. Learned Magistrate convicted and sentenced petitioner for the offence under Section 138 of N.I.Act, which is challenged in the appeal. The sentence was simple imprisonment for three months in addition to a fine of Rs.2,00,000/- being the amount covered by the cheque. Learned counsel argued that petitioner was directed to deposit Rs.40,000/- before the trial court within three months from 31.5.2008 and to produce the receipt before appellate court on or before 31.8.2008 and that condition is illegal and is to be set aside. Learned counsel argued that in any case petitioner is to be permitted to furnish sufficient security for that amount instead of cash deposit. 2. On hearing the learned counsel, I do not find any CRRP 3278/2008 2 reason to interfere with the discretion exercised by the learned Sessions Judge. The dishonoured cheque is for Rs.2,00,000/-. Sentence awarded by learned Magistrate in addition to the substantive sentence is fine of Rs.2,00,000/-. In such circumstances, learned Sessions Judge was justified in directing petitioner to deposit Rs.40,000/-, which is only 1/5th of the fine amount. I do not find any reason to interfere with the order. Learned counsel appearing for petitioner then submitted that petitioner is to be granted time to deposit. Learned Sessions Judge has granted three months time to deposit that amount. Petitioner is granted one more month's time to deposit the amount, from today. Revision petition is dismissed but granting one month for deposit from today. M.SASIDHARAN NAMBIAR, JUDGE lgk/-