IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 Crl.MC.No. 905 of 2010() ----------------------------------- CRMP.174/2010 IN CRA.38/2010 of SESSIONS COURT, KOZHIKODE .................... PETITIONER/ACCUSED ---------------------------------- K.V. HARIDASAN, SUB ENGINEER, K.S.E. BOARD, ELECTRICITY SECTION, THIRUVAMBADY. BY ADV. MR.K.P.SUDHEER RESPONDENTS/STATE & COMPLAINANT ------------------------------------------------------------ 1. P.K. RAMAKRISHNAN, S/O.CHATHUKUTTY, PUTHIYOTTUMKANDI HOUSE, BALUSSERY AMSOM, DESOM, KOZHIKODE DISTRICT. 2. THE STATE OF KERALA, REPRESENTEDBY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.I.B. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.905 of 2010 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. He challenged the conviction and sentence before Sessions Court, Kozhikode in Crl.A.No. 38/2010. Crl.M.P.No.174/2010 was filed to suspend the sentence. By Annexure-A2 order, sentence was suspended on conditions. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition directing the petitioner to deposit 10% of the compensation amount. 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel is that petitioner is suffering from paralysis and in such circumstances, he is not in a position to deposit the amount and hence, the said condition is to be omitted. CRMC 905/10 2 4. I find no reason to interfere with Annexure- A2 order directing the petitioner to deposit 10% of the compensation amount to suspend the sentence. If petitioner is not in a position to deposit that amount, he is at liberty to move the Sessions Court for an early disposal of the appeal. If such an application is received, the appeal shall be disposed at the earliest. Petition is disposed. 16th March, 2010 (M.Sasidharan Nambiar, Judge) tkv