IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 Crl.MC.No. 3187 of 2011() ------------------------------------ CRA.426/2011 OF SESSIONS COURT, PALAKKAD. ............... PETITIONER/APPELLANT/ACCUSED ----------------------------------------------------- SIBI PRIYADARSHINI, AGED 32 YEARS, D/O.LATE C. MADHAVAN, PATTARUMADITHIL HOUSE, KUMARAMPUTHUR, MANNARKKAD. BY ADV. SRI.L.RAJESH NARAYAN RESPONDENT/COMPLAINANT -------------------------------------------- 1. MUTHOOT LEASING & FINANCE LTD., 2ND FLOOR, OPP. SARITHA THEATRE COMPLEX, BANERJEE ROAD, COCHIN-31 , REP. BY V. SASIDHARAN, S/O.PRABAKARAN NAIR, DEVI KRIPA, PARLI 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3187 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE JUDGMENT DATED 06/08/2011 IN S.T. CASE NO.1769/2009. ANNEXURE B: COPY OF THE ORDER DATED 23/08/2011 IN CRL.MISC. PETITION NO.2655/2011 IN CRL.APPEAL NO.426/2011. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE rs P.S.GOPINATHAN, J -------------------------------- Crl.M.C.No.3187 OF 2011 ---------------------------------------- Dated this the 16th day of September, 2011 O R D E R This petition is filed under Section 482 of the Code of Criminal Procedure. Petitioner was convicted for offence under Section 138 of Negotiable Instruments Act by the Judicial First Class Magistrate, Palakkad in ST.1769 of 2009 by Annexure-A judgment. In addition to the substantial sentence, the petitioner has to pay Rs.2,09,761/- as compensation. In appeal, the learned Sessions Judge, Palakkad while suspending the sentence, imposed a condition by Annexure-B order to deposit Rs.70,000/- within one month. Assailing the said condition , this petition was filed under Section 482 of the Code of Criminal Procedure. It is revealed that the cheque amount is Rs.2,09,761/-. In the above circumstances, I find that the condition imposed is not very onerous so as to be rectified under Section 482 Cr.P.C. However, on gender consideration and taking note of the amount involved, the petitioner is granted one month's time from today to deposit the amount. Petition is disposed of as above. P.S.GOPINATHAN, JUDGE mns