IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Crl.MC.No. 1741 of 2009() ------------------------- CRL.M.P.456/2009 IN CRA.57/2009 of SESSIONS COURT, THRISSUR ST.2193/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER(S): PETITIONER/APPELLANT: --------------------------------------------------------------- K.J.JOS, S/O. KANNATHUKUZHI JOSEPH, NEAR LITTLE FLOWER CONVENT OLARIKAKRA, PULLAZHI P.O., THRISSUR. BY ADV. MR.N.K.MOHANLAL RESPONDENT(S): RESPONDENTS/RESPONDENTS: ---------------------------------------------------------------------------- 1. K.K.ANTONY, S/O. KUNJI VAREED, KURUTHUKULANGARA HOUSE, PERINCHERY, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1741 OF 2009 ------------------------------------------ Dated 1st June 2009 O R D E R Petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act. He challenged the conviction before Sessions court, Thrissur in Crl.A.57/2009. Crl.M.P.456/2009 was filed to suspend the sentence. Under Annexure-A2 order learned Sessions Judge suspended the sentence on condition that petitioner shall execute a bond with two solvent sureties for Rs.1,50,000/- and also on deposit of Rs.40,000/- within three months. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition to deposit money contending that petitioner is not in a position to deposit the amount and learned Sessions Judge should not have imposed such a condition. 2. Learned counsel appearing for petitioner was heard. 3. On hearing the learned counsel, I do not find any illegality in Annexure-A2 order CRMC 1741/09 2 warranting interference on the direction to deposit portion of the cheque amount. Dishonoured cheque is for Rs.2,82,000/-. Petitioner was found guilty. The conviction and sentence are challenged before learned Sessions Judge. In such circumstances, direction to deposit Rs.40,000/- as condition to suspend the sentence cannot be said to be illegal or unwarranted. Learned counsel appearing for petitioner submitted that as the time expired, one month time may be granted to comply with the condition. Petitioner is granted one month's time from today to comply with the condition. If case of the petitioner is that he is not financially sound to deposit the amount, he is at liberty to move the Sessions court to dispose the appeal at the earliest. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.