IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Crl.MC.No. 2714 of 2009() ------------------------- AGAINST THE ORDER DATED 18/06/2009 IN CRMP 1703/2009 IN CRA.209/2009 of SESSIONS COURT, KOLLAM ST.112/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KARUNAGAPPALLY .................... PETITIONER(S): PETITIONER:APPELLANT: ---------------------------------------------------------------- JOYKUTTY, AGED 54 YEARS, S/O.GEORGE, KEEZHALLOOR VEEDU, PADINJAREKIZHAKKU MURI, SOORANAD (PO), NORTH SOORANAD VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT. BY ADV. MR.P.V.DILEEP RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. G.RAJAN, AGED 56 YEARS, S/O.GEORGE, PULIVILA PUTHEN VEEDU, EAST IRAVICHIRA MURI, SOORANAD (PO), SOUTH SOORANAD VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2714 OF 2009 ------------------------------------------ Dated 19th August 2009 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Petitioner filed Crl.A.209/2009 before Sessions court, Kollam challenging the conviction and sentence. He filed Crl.M.P.1703/2009 to suspend the sentence. Under Annexure-B order, Sessions Judge suspended the sentence on conditions. One of the conditions was to deposit 1/5th of the amount covered by the dishonoured cheque, within one month from 18/6/2009. Petitioner did not deposit that amount. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said condition. 2. Learned counsel appearing for petitioner was heard. 3. Under Annexure-A judgment, petitioner was sentenced to pay a fine of Rs.9,00,000/- in addition to the substantive sentence. If that sentence is to be suspended, learned Sessions Judge CRMC 2714/09 2 was justified in directing the petitioner to deposit 1/5th of that amount. I find no reason to interfere with that order. If case of the petitioner is that he cannot deposit the amount, he is at liberty to approach the Sessions Judge to dispose the appeal expeditiously. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.