IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1471 of 2009() ---------------------- CRL.M.P.1039/99 IN CRA.139/2009 OF SESSIONS COURT, KOLLAM CC.204/2004 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... PETITIONER(S): APPELLANTS ------------------------- 1. M/S. DECORA MARBLES & GRANITES, MOHAN NIVAS, KUTHIRAPANTHY, ALAPPUZHA (A1) 2. ANISH MONY, MANAGING PARTNER, DECORA MARBLES & GRANITES, MOHAN NIVAS, KUTHIRAPANTHY, ALAPPUZHA DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABDUL AZEEZ, S/O. MOHAMMED KUNJU, ARAYATTU THARAYIL VEEDU, KAKKAKUNNU.P.O, SOORANAD SOUTH, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1471 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30th April, 2009 ORDER Petitioners who are the accused in C.C. 204 of 2004 on the file of the J.F.C.M., Sasthamcotta, for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 2,50,000/- was convicted by the Magistrate. Aggrieved by the said conviction, they have preferred Crl.Appeal No. 132/2009 before the Sessions Court, Kollam. As a condition for suspending the sentence, the learned Sessions Judge ordered the petitioners to deposit 1/4 of the cheque amount before the trial court within one month from the date of order namely 18-04-2009. It is the said order which is assailed in this M.C. 2. Having regard to the facts and circumstances of the case, the condition in the impugned order is modified directing the petitioner to deposit before the trial court a sum of Rs. 50,000/- within three months from today. This Crl. M.C. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.