IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Crl.MC.No. 958 of 2010 -------------------------------- (AGAINST THE ORDER DATED 01/03/2010 IN CRL.M.P.NO. 480/2010 IN CRL.A.NO.73/2010 OF SESSIONS COURT, KOLLAM, ST.NO.417/2007 OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM) .................... PETITIONER/PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------------------ SIRAJUDEEN, AGED 55 YEARS, S/O. AHAMAD KUNJU, SHAMEER MANZIL, SANCHARIMUKKU, VADAKKEVILA P.O., KOLLAM. BY ADVS. MR.NAGARAJ NARAYANAN, MR.SAIJO HASSAN. RESPONDENTS/1ST RESPONDENT/COMPLAINANT & STATE: --------------------------------------------------------------------------------------- 1. THE KOLLAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED, Q 167, KOLLAM, REPRESENTED BY ITS SECRETARY, P.RADHAKRISHNA PILLAI, MADHAVA MANDIRAM, ASHTAMUDI, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 958 OF 2010 =========================== Dated this the 19th day of March,2010 ORDER Petitioner was convicted and sentenced for an offence under section 138 of Negotiable Instruments Act. He filed Crl.A.73/2010 before Sessions Court, Kollam challenging the conviction and sentence. Crl.M.P.480/2010 is filed to suspend the sentence. By Annexure I order, learned Sessions Judge suspended the sentence on condition of depositing one fourth of the amount covered by the dishonoured cheque. This petition is filed to quash the said condition. 2. Learned counsel appearing for the petitioner was heard. 3. When petitioner is seeking an order suspending the execution of the sentence for an offence under section 138 of Negotiable Crl.M.C.958/2010 2 Instruments Act learned Sessions Judge was justified in directing to deposit a portion of the amount covered by the dishonoured cheque, as a condition for suspension of the sentence. In such circumstances, I find no reason to interfere with Annexure I order. If petitioner is not in a position to deposit the amount, he is at liberty to approach the learned Sessions Judge, for an early disposal of the appeal. If such an application is filed, learned Sessions Judge to dispose the appeal expeditiously. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006