IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25531 of 2008(M) -------------------------- AGAINST THE ORDER IN CRMP 1826/2008 IN CRA.443/2008 of DISTRICT COURT, KOTTAYAM .................... PETITIONER: ---------------------- N.F.EPHREM, S/O.FRANCIS, NEDUMPALLIL HOUSE, PAYAPPAR KARA, LALAM VILLAGE. BY ADV. SRI.SURESH JOSE RESPONDENTS: ------------------------- 1. JOHO JOSEPH, VERANANICKAL HOUSE, PAYAPPAR KARA, LALAM VILLAGE. 2. STATE OF KERALA, REP. BY THE GOVERNMENT PLEADER HIGH COURT OF KERALA,ERNAKULAM. BY GOVERNMENT PLEADER GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J = = = = = = = = = = = = = W.P.(C). No. 25531 Of 2008 = = = = = = = = = = = = = = Dated this the 22nd day of August, 2008 JUDGMENT Petitioner, who was the accused in S.T.No.504 of 2006 on the file of the J.F.C.M, Pala which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881, was convicted by that court. Aggrieved by the said conviction and sentence, he preferred an appeal before the Sessions Court, Kottayam as Crl.Appeal No.443 of 2008. As a condition for suspending the sentence, the learned sessions Judge directed the petitioner to execute a bond for Rs.40,000/- with two solvent sureties each for the like amount and also to deposit a sum of Rs.15,000/- before the trial court within one month from 23.07.08. The cheque amount is Rs.1,00,000/-, allegedly borrowed by the petitioner in the year 2003. 2. In a prosecution under Section 138 of the Negotiable Instruments Act, 1881, it was not necessary for the lower appellate court to fix the bond amount at Rs.40,000/-. A sum of Rs.10,000/- would suffice. However, since the petitioner claims to have already executed the bond, I am not inclined to interfere W.P.C.No.25531/08 2 with that part of the order. With regard to the further condition to deposit an amount of Rs.15,000/- before the trial court, I see no illegality in the said direction, since the amount constitutes less than 1/5th of the cheque amount. The petitioner is, however, granted 3 months time from today to comply with the said condition . With this modification in Ext.P2 order, this Writ Petition is disposed of. (V.RAMKUMAR, JUDGE) sj Issue a copy of this judgment to the learned counsel for the petitioner today itself.