IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Crl.MC.No. 469 of 2005() ------------------------ CRMP.3442/2004 in Crl.A.508/2004 of SESSIONS COURT, PALAKKAD .................... PETITIONER/ACCUSED: --------------- KUNJAYAMU S/O. KUNJAPPA, VENNAKKATTU, KOMBATH, KODAKAD AMSAM, MANNARKKAD. BY ADV. SRI.SUNNY MATHEW RESPONDENTS/COMPLAINANT: ----------------------- 1. M.K.SETHUMADHAVAN NAIR, S/O. DEVAKI AMMA, AGED 60 YEARS, KANNASAM HOUSE, MELARKOTTA, BHADRALAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR, REJI JOSEPH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. -------------------------------- Crl.M.C.No. 469 OF 2005 --------------------------------- Dated this the 8th day of November, 2011 O R D E R ~~~~~~~ This is a petition preferred under Section 482 of the Code of Criminal Procedure. The order impunged is one suspending the sentence by the Sessions Judge, Palakkad in Crl.A.No.508/2004. The petitioner was convicted and sentenced by the Judicial Magistrate of the first class, Mannarkkad in S.T.No.3558/1999 for offence under Section 138 of the Negotiable Instruments Act. Assailing the conviction and sentence, Crl.A.No.508/2004 was filed. By the Annexure-A1 order impugned in this case, the learned Sessions Judge while suspending the sentence imposed a condition that the petitioner shall deposit Rs.30,000/- before the trial court. It is that order now under challenge. 2. On enquiry by the Registry, it was reported that the appeal has been dismissed by the Sessions Judge by judgment dated 15.11.2007. In the above circumstance, this petition is dismissed as infructuous. (P.S.GOPINATHAN, JUDGE) ps/10/11