IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Crl.MC.No. 4091 of 2009() ------------------------- CRA.683/2009 of SESSIONS COURT, THRISSUR .................... PETITIONER(S): PETITIONER/APPELLANT/ACCUSED ------------------------------------------- A.M.MUHAMMED YUSUF, KAISEE INDUSTRIES, NITHIN NIVAS, UMAYANNLLUR, KOLLAM DISTRICT. (A.M.MUHAMMED YUSUF, PROPRIETOR, KAISEE INDUSTRIES, MAIN ROAD, KOLLAM). BY ADV. SRI.K.SUBASH CHANDRA BOSE SRI.K.J.JOMSON RESPONDENT(S): RESPONDENTS/DEFACTOR COMPLAINANT ----------------------------------------------- 1. VICTORY PRESS LTD., REP.BY ITS SALES ASSISTANT, T.N.LAZAR, S/O.MATHEW, THOLATH HOUSE, KURUKKANPARA, KUNNAMKULAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. P.A.SALIM FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C. No. 4091 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of December, 2009 O R D E R Petitioner was convicted and sentenced for an offence punishable under section 138 of the Negotiable Instruments Act by the trial court. He filed Crl.A.No. 683 of 2009 before Sessions Court, Thrissur, challenging his conviction and sentence. Crl.M.P. No.4256 of 2009 was filed in the appeal, to suspend the sentence. By Annexure-II order dated 18-9-2009 learned Sessions Judge suspended the sentence on condition of depositing Rs.30,000/- before the trial court, within three months from the date of the order. This petition is filed under section 482 Cr.P.C. to quash the said condition. 2. Learned counsel appearing for the petitioner was heard. 3. The petitioner was sentenced to pay a fine of Rs.3,00,000/- by the trial court. The learned Sessions Judge was justified in directing a portion of the fine, to suspend the sentence. The learned Sessions Judge has only directed the petitioner to deposit 1/10th. of the fine amount. In such circumstances, I find no reason to interfere with that order. The learned Sessions Judge has also granted three months time to deposit the amount. If the petitioner is not in a position to deposit the amount, he is at liberty to approach the learned Sessions Judge to dispose of the appeal expeditiously, without suspending the sentence. If such an application is filed to dispose of the appeal, learned Sessions Judge to dispose of the appeal expeditiously. Crl.MC.4091/09 2 The petitioner is granted three weeks' further time from today to deposit the amount . This petition is disposed of as above. M.SASIDHARAN NAMBIAR, JUDGE. Mn.