IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2872 of 2009 --------------------------------- AGAINST THE ORDER DATED 27/12/2008 IN CRMP.5829/2008 IN CRA.1063/2008 of SESSIONS COURT, ERNAKULAM CC.532/2006 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI ............................................... PETITIONER(S)/PETITIONERS/APPELLANT/ACCUSED ---------------------------------------------------------------------------- 1. K.A.MADANAN, S/O.ANCHAKALAVAN, KAVUNKAL HOUSE, NARAKKAL P.O., CHURCH ROAD BEACH, ERNAKULAM DISTRICT. 2. O.V.ANANDAN, S/O.VELAYUDHAN, OLIPARAMBIL HOUSE, NEAR ASSISI PUBLIC SCHOOL, NARAKKAL P.O., ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. C.B.VINCENT, S/O.BERNAD, CHULLIKKAL HOUSE, ELAMKUNNAPUZHA ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2872 OF 2009 ------------------------------------------ Dated 28th August 2009 O R D E R Petitioners were convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Crl.A.1063/2008 was filed challenging the conviction and sentence. Crl.M.P.5829/2008 was filed to suspend the sentence. Under Annexure-B order, learned Sessions Judge suspended the sentence but directed the petitioners to deposit Rs.50,000/-. 2. Order was passed on 27/12/2008. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition to deposit Rs.50,000/-. Annexure-A judgment shows that sentence include a compensation of Rs.3,00,000/-. In such circumstances, I find no reason to interfere with the direction to deposit Rs.50,000/-. If the case of the petitioners is that because of the financial condition they cannot deposit the amount, they are at liberty to approach the learned Sessions Judge to dispose the appeal expeditiously. If such an application is filed, CRMC 2872/09 2 learned Sessions Judge to dispose the appeal without delay. If the petitioners deposit the amount within one month from today, it will be treated as in compliance with Annexure-B order. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.