IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Crl.MC.No. 269 of 2008() ------------------------ C.C. NO. 54/2005 of JUDICIAL FIRST CLASS MAGISTRATE-IV, KOZHIKODE PETITIONER: APPELLANT/ACCUSED: --------------------------------------- K.HASEENA MOOSA, W/O.MOOSA, 38/302 IB-2, PANKAJ APPARTMENTS, CORPORATION ROAD P.O., BEACH, CALICUT. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENTS: RESPONDENT/COMPLAINANT: ------------------------------------ 1. K.M.SATHEESH, S/O.APPUKKUTTY, KONGADMANATHIL HOUSE, IDIMOOZHIKKAL P.O., MALAPPURAM DISTRICT. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 269 of 2008 ========================== Dated this the 23rd day of January, 2008. ORDER The petitioner, who was the accused in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 in respect of a cheque involving a sum of Rs.10 lakhs, was convicted by the trial court. He filed an appeal before the Sessions Court, Kozhikode and sought suspension of the sentence. The learned Sessions Judge as per the impugned order suspended the sentence subject to the condition that he will deposit a sum of Rs.2 lakhs (being 1/5th of the cheque amount) within two months thereof. It is the said condition which is assailed as onerous in this petition. I am not inclined to hold that the said condition is an onerous condition particularly having regard to the fact that the cheque amount is Rs.10 lakhs. However, I am inclined to grant the petitioner some more time to deposit the sum of Rs.2 lakhs. The petitioner is given two more months' time from today to deposit the sum of Rs.2 lakhs before the trial court. This M.C is disposed of accordingly. V. RAMKUMAR, JUDGE. rv