IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Crl.MC.No. 3107 of 2009 --------------------------------------- CRA.246/2009 of SESSIONS COURT, KOLLAM .................... PETITIONER/APPELLANT: SOMALATHA, AGED 45, D/.RAJAMMA, CHAVARAKKAL THODIYIL, CHANDANATHOPPU, KARIKKODU, KOLLAM, NOW WORKING AS ATTENDER, NAVI'S HOSITAL, KOLLAM. BY ADV. SRI.K.G.RADHAKRISHNAN RESPONDENTS/RESPONDENTS: 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PRABHA, AGED 39 YEARS, W/O.SETHURAJAN, KILIKOLLOOR VILLAGE, MOOLANKARA KIZHAKKETHIL KANNEMEL CHERI, KOLLAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3107 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. She filed Crl.A.No.246/2009 before Sessions Court, Kollam challenging the conviction and sentence. Crl.M.P.No.1986/2009 was also filed to suspend the sentence. Under Annexure-A1 order, learned Sessions Judge suspended the sentence on conditions. One of the conditions was to deposit one fifth of the cheque amount within one month from 17.7.2009, the date of the order. This petition is filed under Section 482 of Code of Criminal procedure to quash the said condition to deposit one fifth of the cheque amount. 2. When an appeal is filed challenging the conviction and sentence, which include a sentence of fine of Rupees Two lakhs, the amount covered by the dishonoured cheque, while suspending the CRMC 3107/09 2 sentence, learned Sessions Judge was justified in directing the petitioner to deposit a portion of the cheque amount. If petitioner is not in a position to deposit the amount, she is at liberty to approach the learned Sessions Judge to dispose the appeal expeditiously. I find no reason to interfere with Annexure-A1 order. Petition is dismissed. 30th September, 2009 (M.Sasidharan Nambiar, Judge) tkv