IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 2060 of 2010() ---------------------------------- ST.1993/09 of JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, KOLLAM ..................................... PETITIONER(S): APPELLANT/ACCUSED ----------------------------------------------------- RADHAKRISHNA PILLAI,AGED 47 YEARS, S/O.BHASKARAN PILLAI,K.B.VILASOM,THEVANOOR.P.O, VALAKOM VILLAGE,KOTTARAKKARA. BY ADV. SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2060 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 ORDER The petitioner herein was the accused in S.T.No.199 of 2009 on the file of the Judicial Magistrate of the First Class-IV, Kollam in a prosecution under Section 138 of the Negotiable Instruments Act involving a cheque for Rupees one lakh. The learned Magistrate after trial convicted him and sentenced him to imprisonment till rising of court and pay a fine of Rs.1,00,000/- and on default of payment of fine to imprisonment for one month. Aggrieved by the conviction and sentence the petitioner filed an appeal before the Sessions Court, Kollam. Since appeal was filed out of time, he filed Annexure-3 petition C.M.P.No.1353/2010 to condone the delay of two days. The learned Sessions Judge issued notice on the delay petition, which is yet to be disposed of. While so, the learned Magistrate has issued non-bailable warrants of arrest in execution of the sentence. Hence this petition. 2. The sentence imposed on the petitioner in S.T.No.199 of 2009 on the file of Judicial Magistrate of the First Class-IV, Kollam shall be suspended on condition that the Crl.M.C.No.2060/2010 : 2 : petitioner executes a bond for an amount of Rs.10,000/- with two solvent sureties each for the like amount to the satisfaction of the trial court and also deposits sum of Rs.25,000/- within one month from today. The suspension of sentence shall be till the disposal of C.M.P.No.1353 of 2010. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj