IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4865 of 2010() ------------------------------------ IN CRMP.1612/2010 IN CRA.614/2010 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.446/2003 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER(S): APPELLANT: ------------------------------------------- MOHAN KUMAR, SREENILAYAM VEEDU, KANNAMANGALAM VADAKKU, KANNAMANGALAM VILLAGE, MAVELIKARA. BY ADVS. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER SRI.LIJO KURIAN JOSE RESPONDENT(S): COMPLAINANT: ------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREELEKHA SAJEEVAN, VENADU VEEDU, PALLICKAL, NADUVILE MURI, BHARANICAVU VILLAGE, MAVELIKKARA.690 101 R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M. SASIDHARAN NAMBIAR, J ----------------------------------------------- Criminal M.C. No. 4865 of 2010 ------------------------------------------------ Dated this the 13th day of December, 2010 ORDER The petitioner was convicted and sentenced for the offence under Section 138 of the Negotiable Instruments Act. He challenge the conviction and sentence before Additional Sessions Court, Mavelikkara in Criminal Appeal No. 614/2010. Crl.M.P.No. 1612/2010 was filed to suspend the sentence. By Annexure-A3 order sentence was suspended on the condition to deposit Rs.1 lakh being part of the compensation amount and on executing a bond for Rs.50,000/-. Petition is filed under section 482 of Code of Criminal Procedure to quash the condition to deposit the amount to suspend the sentence. 2. Learned counsel appearing for the petitioner was heard. 3. The sentence sought to be suspended includes Criminal M.C. No. 4865 of 2010 2 substantive sentence of simple imprisonment for two months and compensation of Rs.6,25,0000/-. In such circumstances, Additional Sessions Judge is justified in directing petitioner to deposit Rs.1,00,000/- to suspend the sentence. Hence I find no reason to quash order. 4. Learned counsel appearing for the petitioner then sought extension of time to deposit the amount. If the time is to be extended petitioner is at liberty to approach the Additional Sessions Judge, Mavelikkara. Petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE. rkc //True Copy// PA to Judge.