IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Crl.MC.No. 1681 of 2009 ---------------------------------- ( CRL.M.P. NO. 209/2009 IN CRL.A. NO.94/2009 OF THE ADDL. SESSIONS COURT-I, MAVELIKKARA IN C.C.NO.392/2006 OF J.F.C.M. I, MAVELIKKARA) ........ PETITIONER/ PETITIONER: -------------------------------------- SUCHITRA R.BABU, B.N.R.A 145, PRABHATAM, BHAGAVATI NAGAR, KOWDIAR P.O., THIRUVANANTHAPURAM. BY ADV. MR.MANOJ P.KUNJACHAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.DEVAKUMARY, KRISHNALAYAM, KADAVOOR MURI, KARIPUZHA, MAVELIKKARA. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1681 OF 2009 ------------------------------------------ Dated 23rd May 2009 O R D E R Petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act in C.C.392/2006 by Judicial First Class Magistrate-I, Mavelikara. Petitioner challenged the conviction and sentence in Crl.A.94/2009 before Additional Sessions court, Mavelikara. C.M.P.209/2009 was filed for suspension of the sentence. As per Annexure-A order sentence was suspended on condition of executing a bond for Rs.50,000/- with two solvent sureties and also on deposit of Rs.50,000/- within three months from the date of the order. This petition is filed under Section 482 of Code of Criminal Procedure to quash the direction to deposit Rs.50,000/- contending that the said direction is illegal. 2. Learned counsel appearing for petitioner was heard. 3. On hearing the learned counsel I do not find any reason to interfere with the direction to deposit CRMC 1681/09 2 portion of the amount covered by the dishonoured cheque which was for Rs.6,00,000/-. Petitioner is granted two months further time to deposit in cash as directed under Annexure A order. If petitioner is not in a position to deposit the amount, he is at liberty to move the Sessions court to dispose the appeal before expiry of that period. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.