IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Crl.MC.No. 712 of 2011() ---------------------------------- ( CRL.MP.NO.568/2011 IN CRA.101/2011 of DISTRICT AND SESSIONS COURT, ALAPPUZHA ) .................... PETITIONER(S): PETITIONER/APPELLANT/ACCUSED ----------------------------------------------------------------------------- K.C.SUDHEENDRAN, AGED 52 YEARS, S/O. CHELLAPPAN, SUB ENGINEER, K.S.E.B., AMBALAPUZHA SECTION, AMBALAPUZHA P.O., ALAPPUZHA DISTRICT. BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT(S): PETITIONERS/RESPONDENTS/COMPLAINANT & STATE ----------------------------------------------------------------------------------------------------------- 1. GOPAKUMAR, AGED 43 YEARS, S/O. GOPI, CHITHRANIKUNJAM, PUNNAPRA P.O., ALAPPUZHA-688 004. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.712 of 2011 ==================================== Dated this the 08th day of March, 2011 O R D E R Since the impugned order was passed at the admission stage without notice to second respondent notice to him is dispensed with. 2. Petitioner is the appellant in Crl. Appeal No.101 of 2011 of the court of leaned Sessions Judge, Alappuzha. He challenged his conviction for offence punishable under Section 138 of the Negotiable Instruments Act and the sentence to undergo simple imprisonment for three months. There was also a direction for payment of Rs.1,50,000/- as compensation and in default of payment to undergo simple imprisonment for one month. Petitioner sought suspension of sentence. Learned Sessions Judge vide Annexure-A3, order dated 28.02.2011 on Crl.M.P. No.568 of 2011 suspended the sentence on condition, among other things that petitioner should deposit one half of the amount of compensation ordered to be paid by petitioner. Petitioner is aggrieved by the said order and filed this petition praying that the said condition may be canceled. I have heard the learned Public Prosecutor also. CRL.M.C. No.712 of 2011 -: 2 :- 3. Learned counsel contended that on account of financial difficulties petitioner is not able to deposit that much amount as ordered by the learned Sessions Judge. Having regard to the circumstances I am inclined to think that condition for deposit of one half of compensation can be modified as `30,000/- to be deposited within forty five (45) days from this day in the trial court and on a further condition that petitioner shall execute bail bond as directed by the leaned Sessions Judge. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-A3, order dated 28.02.2011 on Crl. M.P. No.568 of 2011 is modified to the extent that amount of compensation to be deposited by petitioner is fixed as `30,000/- (Rupees thirty thousand only). Petitioner is granted forty five (45) days from this day to deposit the amount in the trial court. Petitioner shall execute bond as directed by the learned Sessions Judge within two weeks from this day subject to deposit of the amount within the time granted hearby. THOMAS P. JOSEPH, JUDGE. vsv