IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.MC.No. 944 of 2011() ----------------------------- AGAINST THE ORDER DATED 14/02/2011 IN CRMP 381/2011 IN CRA.52/2011 of SESSIONS COURT, KOLLAM. C.C. NO.760/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTTARAKKARA .................... PETITIONER/PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------- MANJUSHAMANI, W/O. SHINE, RESIDING AT 189(16/267), MOOSHARIKUNNEL, 10, THELLAKAM, ETTUMANOOR, NOW RESIDING AT UNNINIVAS, JANAYUGAM NAGAR, KADAPPAKKADA.P.O., KOLLAM DIST. BY ADVS. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENTS/RESPONDENTS/RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. GOPAKUMAR.N., KALPAKALAYAM, KARIKKAL, KARIMPINPUZHA.P.O., KOTTARAKKARA. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.944 of 2011 -------------------------------------- Dated this the 24th day of March, 2011. ORDER Notice to respondent No.2 is dispensed with since the impugned order was passed without notice to him. 2. Learned Judicial First Class Magistrate-I, Kottarakkara convicted petitioner in C.C.No.760 of 2009 for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”) and sentenced him to undergo imprisonment for one year and payment of fine of `.7,05,000/- with a default sentence. Learned Magistrate directed that if the fine is realised the same shall be paid to the second respondent/complainant. Petitioner preferred Crl.Appeal No.52 of 2011 before learned Sessions Judge, Kollam and filed Crl.M.P.No.381 of 2011 to suspend the sentence. Learned Sessions Judge while suspending the sentence as per order dated February 14, 2011 directed petitioner to deposit 1/5th of the amount of compensation in the trial court within one month of date of e order. That order is under challenge. Learned counsel contended that amount directed to be paid is excessive and beyond the paying capacity of the petitioner. A request for further time is also made. I have heard learned Public Prosecutor also. Crl.MC No.944/2011 2 3. Having regard to the difficulties stated by petitioner I am inclined to think that the amount directed to be deposited in the trial court can be modified as Rupees one lakh. Petitioner can be granted one month's further time to deposit the amount. Resultantly this petition is allowed to the extent that the amount of compensation to be deposited as directed by the learned Sessions Judge vide order dated February 14, 2011 on Crl.M.P.No.381 of 2011 in Crl.Appeal No.52 of 2011 is modified as Rupees one lakh. Petitioner is granted one month's further time from this day to deposit the amount in the trial court. Petitioner shall execute the bail bond as ordered by the learned Sessions Judge within two weeks from this day subject to the condition of depositing compensation as aforesaid. THOMAS P.JOSEPH, Judge. cks