IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Crl.MC.No. 2664 of 2009 ---------------------------------- AGAINST THE ORDER DATED 29/07/2009 IN CRL.MP.NO. 2105/2009 IN CRL.A.NO. 263/2009 OF SESSIONS COURT, KOLLAM. .................... PETITIONER/ PETITIONER/ APPELLANT/ACCUSED: -------------------------------------------------------------------------- V.M.ASHARAF, AGED 30 YEARS, S/O.MUHAMMAD, VELLAPPALLIYIL HOUSE, MADAKKATHANAM P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADVS. MR.ANIL GEORGE, MR.JOBY JACOB PULICKEKUDY. RESPONDENTS/ STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHRIRAM INVESTMENTS LTD., HAVING ITS BRANCH OFFICE AT NAZEEMA COMPLEX, HOSPITAL ROAD, KOLLAM, REPRESENTED BY ITS AUTHORISED OFFICER B.S.VIMAL KRISHNAN, SENIOR EXECUTIVE. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C.No. 2664 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 24th day of August, 2009 O R D E R Petitioner was convicted and sentenced for the offence under section 138 of the Negotiable Instruments Act by Judicial First Class Magistrate Court-II, Kollam. Petitioner challenged the conviction and sentence in Crl.A.No.263 of 2009. Crl.M.P.No.2105 of 2009 was filed in the appeal to suspend the sentence. As per Anneuxre-A1 order, the sentence was suspended on condition of deposit of 1/5th of the cheque amount. This petition is filed to quash the said condition. 2. Learned counsel appearing for the petitioner was heard. 3. The sentence sought to be suspended is simple imprisonment for four months and compensation of Rs.4,85,000/- with a default sentence of simple imprisonment for four months. Considering the compensation awarded, learned Sessions Judge was justified in directing 1/5th of the cheque amount to be deposited for suspending the sentence. I find no reason to interfere with the impugned order. If the petitioner is not in a position to deposit the same, he is at liberty to seek an early disposal of the Crl.M.C.No.2664/09 2 appeal. If he deposits the amount within two weeks from today, it will be treated as in compliance of Annexure-A1 order. This petition is dismissed with the above observations. M.SASIDHARAN NAMBIAR, JUDGE. mn.