1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.09.2011 Coram: THE HONOURABLE MR.JUSTICE S.PALANIVELU Crl.R.C.(MD).No.756 of 2011 Ayisha Musthaba ... Petitioner Vs. Nadarajan ... Respondent Prayer: Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code against the order dated 05.07.2011 passed by the learned Sessions Judge, Kanyakumari District at Nagercoil in Crl.M.P.No.1745 of 2011 in C.A.No.52 of 2011. For Petitioner : M/s. S.Deenadhayalan O R D E R This Criminal Revision is preferred against the order passed by the learned Sessions Judge, Kanyakumari District at Nagercoil in Crl.M.P.No.1745 of 2011 in C.A.No.52 of 2011, dated 05.07.2011. 2. The petitioner is accused in S.T.C.No.2041 of 2007 on the file of the Judicial Magistrate No.II, Nagercoil. This is the case arising out of a cheque issued by the petitioner to the respondent, who has filed a private complaint under Section 138 of the Negotiable Instruments Act. The trial Court convicted the petitioner and she filed a petition in Crl.M.P.No.1745 of 2011 in C.A.No.52 of 2011 for suspension of sentence. After hearing the learned counsel for the petitioner, the learned Sessions Judge, Kanyakumari District suspended the substantial sentence on condition that the petitioner shall deposit a sum of Rs.2 lakhs pending disposal of the appeal. 3. The learned counsel for the petitioner would submit that the said condition is an onerous one, that the petitioner is a house wife and hence, she could not deposit the amount as directed by the Sessions Court. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In these circumstances, this Court is of the view that the direction to deposit the amount may be modified to Rs.1 lakh. 5. In the result, the Criminal Revision Petition is allowed, modifying the condition imposed by the learned Sessions Judge, Kanyakumari District, to the effect that the petitioner shall deposit a sum of (*)Rs.1 lakh (Rupees One lakh only) before the trial Court within a period of eight weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar (Crl.side) (*)Amended as per order of this Court dated 15.09.2011 and made herein Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) To be substituted for the order already despatched on 13.09.2011 The Sessions Judge, Kanyakumari District, Nagercoil. akv Crl.R.C.(MD).No.756 of 2011 09.09.2011 TR : 21.09.2011: 2P/2C https://hcservices.ecourts.gov.in/hcservices/