IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Crl.MC.No. 522 of 2010() ------------------------ CMP.NO.4089/2009 IN CRA.775/2009 of SESSIONS COURT, ERNAKULAM .................... PETITIONER(S): PETITIONER :APPELLANT/ACCUSED: -------------------------------------------------------------------------------- K.U.KUMAR, S/O.K.UTTAPPA, AGED 56 YEARS, PROPRIETOR, FERTILIZER AND PESTICIDES DEALER, KOPPA 577 126, CHICKAMANGALORE DISTRICT, STATE OF KARNATAKA. BY ADVS. MR.T.MADHU, SMT.C.R.SARADAMANI. RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. M/S.SOUTHERN PHOSPHATES & MINERALS, 31/759, N.H.VYTTILA JUNCTION, KOCHI REPRESENTED BY ITS MANAGING PARTNER M.A.BASHYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.522 OF 2010 ------------------------------------------ Dated 15th February 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. He filed Crl.A.775/2009 before Sessions court, Ernakulam to suspend the sentence. By Annexure-3 order the sentence was suspended on deposit of Rs.1,00,000/-, out of the compensation amount of Rs.2.75 lakhs. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said condition. 2. Learned counsel appearing for the petitioner was heard. 3. When the sentence sought to be suspended includes payment of compensation Crmc 522/10 2 of Rs.2.75 lakhs, direction of the learned Sessions Judge to deposit Rs.1,00,000/- to enable the petitioner to get execution of the sentence suspended, cannot be said to be illegal, so as to interfere in exercise of the extra ordinary powers under Section 482 of Code of Criminal Procedure. If the case of the petitioner is that he is not in a position to deposit the amount, he is at liberty to seek early disposal of the appeal, without suspension of the sentence. If the petitioner files an application for expeditious disposal of the appeal, learned Sessions Judge to dispose the appeal expeditiously. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.