IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Crl.MC.No. 2173 of 2009 --------------------------------------- CRMP.1565/2009 IN ARA.190/2009 of I ADDL. SESSIONS COURT, KOLLAM CC.2010(A)/2004 OF JFCM, KARUNAGAPPALLY .................... PETITIONER/ACCUSED: V.PADMAKUMAR, S/O. VASU NAIR, AGED 57, RETD. GOVERNMENT SERVANT, ASHA DEEPAM, T.C.3/2364, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENTS/STATE: -------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.SANTHOSH KUMAR, AGED 32 YEARS, S/O. SANKARA PILLAI, CHAYALANTHAYATHU, EDAPPALLIKOTTA, CHAVARA, KARUNAGAPPALLY. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2173 of 2009 -------------------------- ORDER Petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced to simple imprisonment for six months and to pay a compensation of Rupees Two lakhs. Petitioner filed Crl.A.No.190/2009 before Sessions Court challenging the conviction. Crl.M.P.No. 1565/2009 was filed to suspend the sentence. Under Annexure-2 order learned Additional Sessions Judge suspended the sentence on depositing Rs.20,000/- within one month from 6.6.2009, i.e. the date of the order. This petition is filed under Section 482 of Code of Criminal Procedure to modify that order deleting the condition or to enlarge the time by three months. 2. Learned counsel appearing for the petitioner was heard. CRMC 2173/09 2 3. The dishonoured cheque was for Rupees Two lakhs. In addition to the substantive sentence learned Magistrate ordered compensation of Rupees Two lakhs. When petitioner sought to suspend the sentence, learned Additional Sessions Judge directed the petitioner to remit Rs.20,000/- within one month. The direction to deposit Rs.20,000/- to suspend the sentence to pay compensation of Rupees Two lakhs cannot be said to be illegal. In such circumstances, I find no reason to modify that order. Learned counsel appearing for the petitioner submitted that petitioner may be granted time to pay the amount. Petitioner is granted one month's time from today to deposit the amount as directed in Crl.M.P.No.1565/2009. Petition is disposed. 6th July, 2009 (M.Sasidharan Nambiar, Judge) tkv