IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Crl.MC.No. 4641 of 2010() ---------------------------------- CRA.370/2010 of SESSIONS COURT, KOLLAM ST.12/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, KARUNAGAPPALLY .................... PETITIONER(S): ACCUSED --------------------------------------- SIYAD KHAN, S/O.SALIM KHAN, ANIZ MANZIL, MUNDUKOTTAKAL.P.O., VETTIPURAM, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN.682 031. 2. A.BASHEERKUTTY, S/O.AHAMMED ALI, FATHIMA MANZIL, CHANGANKULANGARA, VAVVAKAVU.P.O., KARUNAGAPALLY, KOLLAM DISTRICT. PIN-690 528. R1 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4641 OF 2010 =========================== Dated this the 25th day of November,2010 ORDER Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. He filed Crl.Appeal 370/2010 before the Sessions Court, Kollam. In the appeal Crl.M.P.2264/2010 was filed to suspend the sentence. By Annexure 2 order, sentence was suspended on condition of executing a bond and depositing 1/5th of the fine amount within one month. Petitioner did not deposit that amount and filed Crl.M.P.103/2010 for extension of time. By Annexure 4 order, time was extended till 22.10.2010. Petitioner did not deposit the amount even within the extended period. This petition is filed under section 482 of Code of Criminal Procedure to quash the condition in Annexure 2 order to deposit 1/5th Crl.M.C.4641/2010 2 of the fine amount. 2. Learned counsel appearing for the petitioner was heard. 3. When a sentence for the offence under section 138 of Negotiable Instruments Act is to be suspended, learned Sessions Judge is justified in directing the appellant to deposit a portion of the amount covered by the cheque. Learned Sessions Judge directed petitioner to deposit only 1/5th of the fine. In such circumstances, I find no reason to quash the condition as sought for. 4. If petitioner is not in a position to deposit the amount as directed by the learned Sessions Judge, he is at liberty to approach the learned Sessions Judge to dispose the appeal expeditiously. If such an application is filed, learned Sessions Judge to dispose the appeal expeditiously. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006