IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.MC.No. 2786 of 2010() --------------------- S.T. NO. 1270 OF 2005 OF J.F.C.M.II, PALA CRL.M.P. NO. 1471/2010 IN CRL.A.NO.211/2010 OF ADDL. SESSIONS COURT, KOTTAYAM PETITIONER(S): APPELLANT/ACCUSED -------------------------------- JUVARIA SALIM, PROPRIETOR, M/S.MULLASSERRU RUBBERS,MARKET JN., NEDUMANGADU,TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------- 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 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 2786 of 2010 * * * * * * * * * * * * * * * * * * Dated: 20th day of July, 2010 ORDER Petitioner who was convicted by the J.F.C.M. II, Pala for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs. 76,922/- was granted suspension of the sentence by the Addl. Sessions court , Kottayam in Crl.M.P. Mo. 1471 of 2010 on his executing a bond for Rs. 25,000/- with two solvent sureties and on deposit of Rs. 25,000/- before the trial Court within two months. The petitioner challenges the condition to deposit the amount as an onerous condition. I cannot agree. He has already been convicted by one Court and with that the presumption of innocence have come to an end. I do not find any illegality in the appellate Court fixing the sum of Rs. 25,000/- as the amount for deposit. However, having regard to the facts and circumstances of the case, the petitioner is given two months more time from 22-7-2010 to deposit the said amount. This Crl.M.C. is disposed of as above. Dated this the 20th day of July, 2010. /true copy/ Sd/-V. RAMKUMAR, (JUDGE) P.S. to Judge ani.