IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Crl.MC.No. 2839 of 2009() ----------------------------------- AGAINST THE ORDER DATED 03/08/2009 IN CRMP 2121/2009 IN CRA.265/2009 of SESSIONS COURT, KOLLAM .................... PETITIONER(S): --------------------- SATHEESH KUMAR, SARAVANA, KOONAYIL, PARAVOOR P.O., KOLLAM. BY ADV. MR.V.PHILIP MATHEW RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SARATHCHANDRAN MOHANAN PILLAI, K.P.SADANAM, THAZHAM SOUTH, CHATHANOOR P.O., KOLLAM. R1 BY PUBLIC PROSECUTOR MR.B. JAYASOORYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2839 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. The sentence include a fine of Rs.2,50,000/-. Petitioner challenged the conviction and sentence before Sessions Court, Kollam in Crl.A.No.265/2009. Petitioner also filed Crl.M.P.No.2121/2009 for suspension of the sentence. Under Annexure-5 order, sentence was suspended on condition of remitting 1/6th of the cheque amount. This petition is filed to quash the said condition. 2. Learned counsel appearing for the petitioner was heard. 3. When the sentence sought to be suspended include the fine of Rs.2,50,000/- and the dishonoured cheque was for Rs.2,50,000/-, I find no reason to interfere with the order imposing a condition to remit 1/6th of the amount covered by CRMC 2839/09 2 the dishonoured cheque to suspend it. If the petitioner is not in a position to remit the amount, he is at liberty to seek expeditious disposal of the appeal. If the petitioner deposits the amount within one month from today, it will be treated as in compliance with Anenxure-5 order. Petition is disposed accordingly. 26th August, 2009 (M.Sasidharan Nambiar, Judge) tkv