IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2198 of 2010() ------------------------- CRA.220/2010 of SESSIONS COURT, KOTTAYAM ST.3618/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KOTTAYAM .................... PETITIONER(S): ------------------------ N.R.DASAPPAN,CHERUKARAPARAMBIL(H) NEENDOOR P.O.,KOTTAYAM BY ADV. SRI.JOSE JOSEPH (MANNAR) SRI.ALEX M. ARAYATH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.K.REJIMON,S/O.KUTTAPPAN, KANDATHIL(H) NEENDOOR P.O.,KOTTAYAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2198 of 2010 = = = = = = = = = = = = = = Dated this the 18 th day of June, 2010 ORDER Petitioner, who was the accused in S.T.No.3618/2009 on the file of the J.F.C.M-I, Kottayam which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.2,04,000/-, was convicted by the trial court. Aggrieved by the conviction and sentence the petitioner filed an appeal before the Sessions Court, Kottayam as Crl.A.No.220/2010. The learned Sessions Judge suspended the sentence on condition that he executes a bond for Rs.25,000/- with two solvent sureties and also deposits a sum of Rs.40,000/- before the trial court. The petitioner challenges the condition for deposit of Rs.40,000/-. Having regard to the facts and circumstances of the case, I do not think that the amount fixed by the lower appellate court is excessive or onerous. I am, however, inclined to grant some more time to deposit the money. The petitioner is given three months time from today to deposit the sum of Rs.40,000/- before the trial court. This Crl.M.C is disposed of as above. Dated this the 18 th day of June, 2010. V. RAMKUMAR, JUDGE sj