IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1238 of 2011() ------------------------- AGAINST THE ORDER IN CRMP 2368/2010 IN CRA.357/2010 of SESSIONS COURT, KOTTAYAM .................... PETITIONER(S): --------------- SONY JOSEPH, S/O.JOSEPH, MADUKUTHIYEL, VALLIKAD BHAGOM, KANAKKARY P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682011. 2. THOMAS @ THOMACHAN, S/O.MATHAI, MUDAKKALILI HOUSE, PULIYANNOOR KARA, PULIYANNOOR VILLAGE-686573. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1238 of 2011 -------------------------------------- Dated this the 12th day of April, 2011. ORDER Notice to respondent No.2 is dispensed with in view of the order I propose to pass and since the impugned order was passed without notice to him. 2. Petitioner is the accused in S.T.No.1063 of 2006 of the court of learned Judicial First Class Magistrate-II, Pala for offence punishable under Section 138 of the Negotiable Instruments Act. He was convicted and sentenced to undergo imprisonment for three months with a direction for payment of compensation of `.1,50,000/- to respondent No.2. Petitioner preferred appeal as Crl.Appeal No.357 of 2010 and filed Crl.M.P.No.2368 of 2010 for suspension of sentence. Learned Sessions Judge by Annexure-A2, order dated August 4, 2010 suspended the sentence on condition, among other things that petitioner deposited `.37,500/- in the trial court within one month from the date of order. That condition is under challenge. Learned counsel has submitted that petitioner is not able to deposit the said amount. 3. The power of learned Sessions Judge to impose condition while suspending sentence cannot be disputed. Hence there is no legal infirmity in ordering deposit of the amount. I must bear in mind that respondent No.2 filed the complaint in the year 2006 and even after five years he has not got the amount (said to be due to him). Having regard to the circumstances I do not find Crl.MC No.1238/2011 2 reason to interfere with the direction to deposit `.37,500/-. But having regard to the difficulties stated by learned counsel, I am inclined to grant some time to the petitioner to deposit the amount. Resultantly this Criminal Miscellaneous Case is disposed of granting petitioner time till 23.05.2011 to deposit the sum of `.37,500/- in the trial court as ordered by the learned Sessions Judge in Annexure-A2, order. In case petitioner has not executed bail bond as ordered by the learned Sessions Judge, petitioner shall execute the same within three (3) weeks from this day subject to deposit of the amount within the time as aforesaid. THOMAS P.JOSEPH, Judge. cks