IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Crl.MC.No. 3581 of 2010() -------------------------------------- CRMP.NO.1962/2010 IN CRA NO.325/2010 OF SESSIONS COURT,KOLLAM CC.NO.1129/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, KOTTARAKKARA. ................... PETITIONER(S): ACCUSED: ----------------------------------------- K.S.SATHEESH, S/O.SIVARAMA PILLAI, ANANDA BHAVANAM, MYLAMKULAM MURI, PUTHUR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- 1. MINI KUMARI AMMA, W/O.MOHANAN PILLAI, PANAKKAL VEEDU, MYLOMKULAM MURI, PUTHOOR VILLAGE, P.O.KOTTARAKKARA, KOLLAM - 691 507. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. BENNY VARGHESE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J. ---------------------- Crl.M.C.No.3581 OF 2010 --------------------------- Dated this the 27th day of August, 2010 O R D E R ~~~~~~~ The petitioner was convicted by the Judicial Magistrate of the First Class-I, Kottarakara, in C.C.No.1129/2009 for offence punishable under Section 138 of the Negotiable Instrument Act and sentenced to undergo simple imprisonment for six months and to pay Rs.1,55,000/- as compensation to the 1st respondent who prosecuted the revision petitioner before the trial court. Feeling aggrieved, he preferred Criminal Appeal No.325/2010 before the Sessions Judge, Kollam along with an application for suspending the sentence. The learned Sessions Judge while allowing the application to suspend the sentence, imposed the condition that the petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like amount and to deposit 1/5th of the compensation amount. Aggrieved by the condition directing the petitioner to deposit 1/5th of the compensation amount, this petition was filed. Crl.M.C.No.3581/2010 2 2. Having heard the learned counsel for the petitioner, I find that the condition imposed is not at all harsh. Neither it is unjust. On the other hand it is quite appropriate. In the above circumstance, I find no merit in this petition. Accordingly, the petition is dismissed. However, the petitioner is granted one month's time to deposit the amount mentioned in the order impugned. (P.S.GOPINATHAN, JUDGE) ps