IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Crl.MC.No. 3462 of 2009 --------------------------------------- CRA.271/2009 of SESSIONS COURT, KOLLAM .................... PETITIONER: P.B.CHANDRA KUMAR, S/O.BHANU PANICKER, AGED 48, PUSHPA MANGALAM VEEDU, PUNALUR VILLAGE, PUNALUR MURI, PATHANAPURAM TALUK. BY ADV. SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.M.NEELAKANDAN RESPONDENTS: 1. UTHAMAN, S/O.NARAYANAN, THOPPIL VEEDU, THAZHAMEL, ANCHAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3462 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. The sentence includes a compensation of Rs.5,50,000/-. Petitioner filed Crl.A.No.271/2009 before Sessions Court, Kollam challenging the conviction and sentence. He also filed Crl.M.P.No. 2182/2009 for suspending the sentence. By Annexure- C order, the sentence was suspended on conditions. This petition is filed under Section 482 of Code of Criminal procedure to delete the condition directing the petitioner to deposit Rs.55,000/- towards the cheque amount within one month from the date of the order. 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel is that when conviction and sentence are challenged in the CRMC 3462/09 2 statutory appeal, while suspending the sentence, learned Sessions Judge should not have imposed a condition to deposit a portion of the cheque amount. 4. The cheque was for Rs.5,00,000/-. The sentence sought to be suspended includes a compensation of Rs.5,50,000/-. In such circumstances, the direction to pay Rs.55,000/- cannot be said to be illegal, warranting interference exercising the extraordinary inherent power of this Court under Section 482 of Code of Criminal Procedure. If petitioner is not in a position to deposit the amount, he is at liberty to approach the learned Sessions Judge to dispose the appeal expeditiously. If a petition to dispose the appeal is filed, learned Sessions to dispose the appeal expeditiously. Petition is disposed. 28th October, 2009 (M.Sasidharan Nambiar, Judge) tkv