IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35791 of 2009(Q) -------------------------- CRMP.3271/2009 of D.C. & SESSIONS COURT,KOZHIKODE CC.160/2007 of J.M.F.C.-IV,KOZHIKODE .................... PETITIONER(S): ------------------------ P.P.RAMAKRISHNAN,S/O.ACHUTHAN, AGED 53 YEARS, PUTHUYAOURAYIL HOUSE, NEAR SNAKE PARK, PARUSSINIKADAVU, KANNUR. BY ADV. MR.C.S.SUNIL RESPONDENT(S): --------------------------- 1. M/S.SHRIRAM TRANSPORT FINANCE CO.LTD., CALICUT (FORMERLY SHRIRAM INVESTMENTS LTD.) REP.BY POWER OF ATTORNEY HOLDER, G.RENJITH, S/O.GANGADHARAN NAIR, AGED 27 YEARS, SHRIPADAM BUILDING,CALICUT -32. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY GOVERNMENT PLEADER MR. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 35791 OF 2009 =========================== Dated this the 11th day of December,2009 JUDGMENT Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Petitioner filed Crl.Appeal No.692/2009 before Sessions Court, Kozhikode challenging the conviction and sentence. Crl.M.P.3271/2009 is filed therein to suspend the sentence. By Ext.P5 order learned Sessions Judge suspended the sentence on conditions. This petition is filed under section 482 of the Code of Criminal Procedure to quash the condition directing the petitioner to deposit 10% of the compensation amount as there is no privity of contract with the first respondent and he is not liable to pay any amount to the first respondent. In such circumstance, the direction to deposit the amount is to be quashed. 2. When petitioner sought suspension of the sentence, which includes payment of compensation, learned Sessions Judge justified in directing the petitioner to deposit 10% of the compensation amount as a condition for granting stay. I find no reason to interfere with the order. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE W.P.(C)35791/2009 2 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006