IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 Crl.MC.No. 2539 of 2009() ------------------------- AGAINST THE ORDER IN CRMP.1944/2009 IN CRA NO.233/2009 OF SESSIONS COURT, KOLLAM IN CC.961/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------ SAMUEL GEORGE,MALLIYAKKAL BANGLOW, ANDOOR.P.O,VALOKOM,KOTTARAKARA. BY ADV.MR.ALEXANDER GEORGE RESPONDENT(S): STATE/COMPLAINANT: --------------------------------------------------------------- 1. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. K.BALACHANDRAN,KALEEKKALMELETHIL, CHARUMOODU,VELLIMON.P.O,PERINADU,KOLLAM. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2539 OF 2009 ------------------------------------------ Dated 4th August 2009 O R D E R Petitioner was convicted and sentenced to a fine of Rs.1,50,000/- and in default simple imprisonment for six months for the offence under Section 138 of Negotiable Instruments Act. Petitioner filed Crl.Appeal No.233/2009 challenging the conviction and sentence. Crl.M.P.1944/2009 was filed therein for suspending the sentence. Under Annexure-A order learned Sessions Judge suspended the sentence on condition of depositing Rs.35,000/-, which is only part of the fine, apart from executing a bond for Rs.20,000/- with two solvent sureties. This petition is filed under Section 482 of Code of Criminal Procedure to quash the portion of the order directing to deposit Rs.35,000/-. 2. Learned counsel appearing for petitioner was heard. 3. Argument of the learned counsel is that learned Sessions Judge was not justified in directing CRMC 2539/09 2 the petitioner to deposit Rs.35,000/- for suspending the sentence when the very condition is challenged. 4. On hearing the learned counsel, I find no reason to interfere with the direction. Even though fine awarded by the learned Magistrate is Rs.1,50,000/-, to suspend the sentence of fine learned Sessions Judge directed the petitioner to deposit only Rs.35,000/-. It is not at all illegal or excessive. Learned counsel appearing for the petitioner then sought time for deposit. Annexure-A order passed on 13/7/2009 provides for a period of one month. It will expire only on 13/8/2009. I find no reason to grant extension of time. If warranted it is for the petitioner to approach the Sessions Judge. If case of the petitioner is that he is not in a position to deposit the amount, he can seek expeditious disposal of the appeal before the learned Sessions Judge. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.