IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Crl.MC.No. 4380 of 2010() ----------------------------------- ( ORDER DATED 17/8/2010 IN CRLMC NO.1586/2010 IN CRL.A.172/2010 ON THE FILESOF THE SESSIONS COURT, KALPETTA, WAYANAD.) -------------------- PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------- D.SUJITH, S/O. E.K. DAMODHARAN, RESIDING AT SANTHI BHAVAN, KARIYAMBADY ROAD, PURAKKADI AMSOM DESOM, VYTHIRI TALUK, WAYANAD DIST. BY ADVS. SRI.BECHU KURIAN THOMAS SMT. NISHA JOHN SRI. ENOCH DAVID SIMON JOEL RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. KOTTARAM ANAND AGENCIES, REPRESENTED BY ITS MANAGING PARTNER, G.VENUGOPAL, AGED 53 YEARS, S/O. GOPALASWAMY, VYTHIRI TALUK, KALPETTA AMSOM DESOM, KALPETTA.P.O. WAYANAD DIST. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4380 OF 2010 =========================== Dated this the 2nd day of November,2010 ORDER Petitioner was convicted and sentenced to simple imprisonment for six months and a compensation of Rs.8,00,000/- for the offence under section 138 of Negotiable Instruments Act. He filed Crl.A.172/2010 before Sessions Court, Wayanad challenging the conviction and sentence. C.M.P.1586/2010 was filed to suspend the sentence. Learned Sessions Judge suspended the sentence on conditions. One of the condition was that petitioner shall deposit Rs.50,000/- before Judicial First Class Magistrate, Kalpetta on or before 11.10.2010. This petition is filed under section 482 of Code of Criminal Procedure to quash the said condition. 2. Learned counsel appearing for the Crl.M.C.4380/2010 2 petitioner was heard. 3. The argument of the learned counsel is that the conviction itself is vitiated as the learned Magistrate did not question the accused under section 313 of Code of Criminal Procedure and therefore the condition to deposit the amount is to be deleted. If the case of the petitioner is that the trial is vitiated, that is a matter to be considered by the learned Sessions Judge in Crl.A.172/2010. When petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act, learned Sessions Judge is to competent to direct a portion of the compensation amount to be deposited for suspending the sentence. Out of the compensation amount of Rs.8,00,000/- petitioner was directed to deposit only Rs.50,000/-. 4. In such circumstances, I find no reason to interfere with that order. If petitioner is not depositing the amount, he is at liberty to approach the learned Sessions Judge to dispose the Crl.M.C.4380/2010 3 appeal without suspending the sentence without delay. If such an application is filed, learned Sessions Judge to dispose the appeal as expeditiously as possible without any delay. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006