IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Crl.MC.No. 1992 of 2011() ----------------------- CRL.M.P No.1776/2001 IN CRA.191/2011 of SESSIONS COURT, KOTTAYAM .................. PETITIONER/ACCUSED: ---------------------------------- BINDU KRISHNA DAS, AGED 39 YEARS, W/O.KRISHNADAS, C/O.RAGHUNATHAN NAIR, ATHIRA VEEDU, VAIKOM P.O., YMC WAR 18, AVIKOM VILLAGE, PADINJATTUMCHERRY PADINJAREMURY, VAIKOM TALUK. BY ADV. SRI.S.RAJEEV RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. P.ASHOK KUMAR, S/O.PONNAPPAN, ERICHILAYIL HOUSE, UDAYANAPURAM P.O., VADAKKEMURY VILLAGE, VAIKOM-686 146. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR : SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1992 of 2011 -2- APPENDIX PETITIONER'S EXHIBITS ANNEXURE - I COPY OF THE ORDER DATED 02-06-2011 IN CRL.M.P No.1776/2011 IN CRL. A No.191/2011 RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG THOMAS P. JOSEPH, J. ---------------------------------------------- Crl. M.C No.1992 OF 2011 ----------------------------------------------- DATED THIS THE 1st DAY OF JULY, 2011 O R D E R Petitioner is accused in CC No.96 of 2009 of the Court of learned Judicial First Class Magistrate-II, Vaikom. She was convicted for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one year and payment of fine of Rs.3 lakhs. She challenged conviction and sentence in Crl. A No.191of 2011 and moved Crl. MP No.1776 of 2011 for suspension of sentence. By Annexure-I, order dated June 2, 2011 learned Sessions Judge, Kottayam suspended the sentence subject to conditions including that petitioner shall deposit Rs.75,000/- in the trial Court within one month. That condition is under challenge. Learned counsel submits that due to financial difficulties petitioner is not able to deposit the amount ordered by learned Sessions Judge. Learned counsel pointed out that petitioner has not even a residence of her own. 2. The trial Court has found that petitioner borrowed Rs.3 lakhs and executed cheque for the discharge of that liability. Crl. M.C No.1992/2011 -2- It is within the power of learned Sessions Judge to impose condition while suspending sentence. But having regard to the financial difficulties of petitioner stated by learned counsel, I am inclined to modify the amount to be deposited as Rs.60,000/-. Petitioner will get two months further time to deposit the amount. 3. The Criminal Miscellaneous case is disposed of in the following lines: (i) Annexure-I order referred to above is modified to the extent that petitioner need only deposit Rs.60,000/- (Rupees Sixty thousand only). (ii) Petitioner is granted two months time from this day to deposit the amount. (iii) Petitioner shall execute bail bond within two weeks from this day, as ordered by learned Sessions Judge subject to deposit of amount as aforesaid within the time granted hereby. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge