IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 CRL.MC.NO. 1668 OF 2011() ----------------------------------------- CRA.197/2011 OF SESSIONS COURT, KOLLAM ST.149/2009 OF JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM .................... PETITIONER(S): ----------------------- P.K.THANKACHAN, S/O.KURIAKO, AGED 59 YEARS, PAZHUKKALIYIL HOUSE, VELLOORKUNNAM, MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.K.J.KURIACHAN SRI.SUNIL JACOB RESPONDENT(S): -------------------------- 1. MR.ABHISHEK, ABHISHEK HOUSE ASRAMAM P.O., KOLLAM. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI MANU R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1668 of 2011 ==================================== Dated this the 08th day of June, 2011 O R D E R Petitioner faced trial in S.T. No.149 of 2009 in the court of learned Judicial First Class Magistrate-III, Kollam for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”). He was convicted and sentenced to undergo imprisonment for six months, payment of compensation of `6,00,000/- and in default of payment to undergo imprisonment for three months. Petitioner preferred Crl. Appeal No.197 of 2011 in the court of learned Sessions Judge, Kollam and requesting to suspend the sentence filed Crl. M.P. No.1357 of 2011. While suspending the sentence petitioner was directed to deposits 1/5th of the compensation within one month from that day. That direction is under challenge. Learned counsel submits that petitioner has a good case to canvass before learned Sessions Judge and hence learned Sessions Judge should not have imposed a harsh condition like deposit of 1/5th of the compensation. I have heard learned Public Prosecutor also. 2. It is open to the petitioner to urge his contentions CRL.M.C. No.1668 of 2011 -: 2 :- before the leaned Sessions Judge. It is within the power of learned Sessions Judge to impose condition while suspending sentence. The offence alleged against petitioner is under Sec.138 of the Act. Amount involved in `6,00,000/-. Learned Sessions Judge while suspending sentence directed deposit of 1/5th of the compensation which comes to `1,20,000/-. Petitioner was granted one month's time to deposit the amount. I do not find reason to interfere with the power exercised by the learned Sessions Judge. Having regard to the difficulties expressed by petitioner I am inclined to reduce the amount to be deposited as `1,00,000/-. I am also inclined to grant some time to the petitioner to deposit the said amount. Resultantly, Criminal Miscellaneous Case is allowed in the following lines: (i) Amount directed to be deposited by the learned Sessions Judge as per Annexure-I, order on Crl.M.P. No.1357 of 2011 in Crl. Appeal No.197 of 2011 is modified as `1,00,000/- (Rupees One lakh only). CRL.M.C. No.1668 of 2011 -: 3 :- (ii) Petitioner is granted time till 15.07.2011 to deposit the amount in the trial court. (iii) Petitioner shall execute bail bond as directed by the learned Sessions Judge within two weeks from this day subject to deposit of the amount within the time aforesaid. THOMAS P. JOSEPH, JUDGE. vsv