IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Crl.MC.No. 295 of 2008() ------------------------ AGAINST THE ORDER DATED 19/12/2007 IN CRMP.4510/2007 IN CRA.670/2007 of SESSIONS COURT, PALAKKAD .................... PETITIONER: APPELLANT --------------------------------------- KUNHU MOHAMMED ,S/O.MOIDUTTY 45 YEARS, KANAMKOTTAYIL HOUSE CHELAKADAN DESOM, PONNANI TALUK. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ------------------------ 1. MUHAMMED,S/O AMMED, 62 YEARS KOLADICKKAL HOUSE,ALANGODE AMSOM DESOM, PONNANI TALUK. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 295 of 2008 = = = = = = = = = = = = = = Dated this the 25th day of January, 2008 ORDER The petitioner, who is the accused in S.T.No.2862/2004 on the file of Judicial First Class Magistrate Court, Ottapalam for an offence punishable under Section 138 of the Negotiable Instruments Act in respect of a cheque for a sum of Rs. 4 lakhs, challenges Annexure 2 interim order passed by the Sessions Court in Crl.M.P.No.4510 of 2007 in Crl.Appeal No.670/2007 suspending the sentence on condition the he should deposit a sum of Rs.1,00,000/- within one month. 2. The learned counsel for the petitioner would submit that the above condition is an onerous condition, having regard to the fact that the petitioner is only employed as a very low earning worker. In the light of the decision Dilip S Dhahanukar v. Kotak Mahindra Co.Ltd and another 2007(6) SCC 528, I am of the view that the quantum fixed by the court below is slightly higher. Accordingly, the petitioner is directed to deposit an amount of Rs.65,000/- (Rupees sixty five thousand only) as against Rs.1 lakh. The said amount of Rs.65,000/- shall be deposited before the trial court within three months from today. The impugned order is modified slightly to the above extend. V. RAMKUMAR, JUDGE sj