IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 2995 of 2010() ------------------------- AGAINST THE ORDER DATED 28/05/2010 IN CRMO.1534/10 IN CRA.2276/2010 of ADDL.SESSIONS COURT, KOTTAYAM ST.2626/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... PETITIONER(S): --------------- K.K.SWAMINATHAN, VIDHYA BHAVAN, PANDALAM P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.RAJU, PULANAPPALLIL HOUSE, KUDAMALLOOR P.O., KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2995 OF 2010 -------------------------------------- Dated this the 28th day of July, 2010 ORDER The sentence imposed on the petitioner, the accused in S.T.No.2626/2009 by the J.F.C.M Court-II, (Mobile) Kottayam in a prosecution under Section 138 of the Negotiable Instrument Act 1881 involving a cheque for Rs.18,04,000/- was suspended by the Additional Sessions Court, Kottayam in Crl.Appeal No.227/2010 directing him to execute a bond for Rs.1,25,000/- with two solvent sureties and to deposit Rs.3,00,000/- before the trial court within two months of 28.5.2010. It is the said condition which is assailed in this Criminal M.C. 2. Considering the cheque amount, I do not think that the direction to deposit Rs.3,00,000/- is an arbitrary or onerous condition. I am, however, inclined to grant the petitioner some more time to deposit the amount. Likewise, the bond amount of Rs.1,25,000/- is on the higher side. Accordingly, Annexure A2 order dated Crl.M.C. No. 2995 OF 2010 : 2 : 28.5.2010 in CMP.No.1534/2010 in Crl.Appeal No.227/2010 on the file of the Additional Sessions Court, Kottayam is modified reducing the amount to Rs.15,000/- and granting the petitioner three more months time from today to deposit the sum of Rs.3,00,000/-. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb