IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Crl.MC.No. 1488 of 2009 ------------------------- CRA.78/2009 of SESSIONS COURT, THRISSUR CC NO.426/08 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR .................... PETITIONER/ACCUSED/APPELLANT: -------------------------------------- ZUBAIR ALI HAJI S/O.MOIDU, MANGALATHARA HOUSE, SULTHAN MANZIL, CHOOLUR, EDAMUTTAM, CHAVAKKAD, THRISSUR. BY ADV. SRI.S.SAJU RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MUHAMMED S/O.KUNJAMMU, ARAKKAPARAMBIL HOUSE, THEKKUMMURI, PUTHENCHIRA, MUKUNDAPURAM. R1 BY PUBLIC PROSECUTOR, SRI.K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C No. 1488 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of May, 2009 O R D E R Petitioner who has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act involving a cheque for Rs.92,000/- has preferred an appeal before the Sessions Court, Thrissur as Crl.Appeal No.78/09. While suspending the sentence the learned Sessions Judge has, inter alia, directed him to deposit a sum of Rs.15,000/- before the trial court within three months. The said condition is assailed as onerous. I cannot agree with the petitioner. It is within the power of the appellate court while suspending the sentence to direct the appellant to deposit a part of the cheque amount. The petitioner was given three months' time also to deposit the said amount. I see no illegality in the order dated 06.02.09 passed by the learned Sessions Judge. This Crl.M.C is accordingly dismissed. However, the petitioner is given two months' time from today as a last chance to deposit the said amount. V. RAMKUMAR, JUDGE ttb 2