IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Crl.MC.No. 3787 of 2010() ------------------------ CRA.269/2010 of SESSIONS COURT, ERNAKULAM CC.18/2009 OF JUDICIAL FIRST CLASS MAGISTRATE OF – II, PERUMBAVOOR .................. PETITIONER / ACCUSED : ---------------------------------- N.D.RETHY, AGED 40 YEARS, W/O. MOHANAN, L.D.CLERK, KERALA WATER AUTHORITY, P.H.SUB DIVISION, PERUMBAVOOR. BY ADV. SRI.K.SUNILKUMAR RESPONDENTS / COMPLAINANT AND STATE ------------------------------------ 1. K.V.KURIACHAN, AGED 40 YEARS, S/O. VARGHESE, KATTARKUDY HOUSE, RAYAMANGALAM-683 545. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3787 OF 2010 --------------------------------------------- Dated 15th September, 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. He challenged the conviction and sentence before Sessions Court, Ernakulam in Crl.A.269/2010. Petitioner filed Crl.M.P.No.1313/2010 for suspending the sentence. Learned Sessions Judge as per Annexure-A1 order dated 18/5/2010 suspended the sentence on executing a bond and depositing Rs.10,000/- within three months. Petitioner did not deposit that amount and filed this petition under Section 482 of Code of Criminal Procedure to quash the condition to deposit or to grant further Crmc 3787/10 2 time for deposit. 2. I find no reason to interfere with Annexure-A1 order, as learned Sessions Judge is competent to direct the petitioner to deposit a portion of the amount covered by the dishonoured cheque to suspend the sentence. If petitioner deposits the amount as directed in Annexure-A1 order within seven days from today, it shall be treated as in compliance with Annexure-A1 order. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.