IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Crl.MC.No. 3797 of 2011() ------------------------- CRA.340/2011 of SESSIONS COURT, KOLLAM .................... PETITIONER(S): ACCUSED ---------------------- S.BIJU, S/O.SREEDHARAN, DSB REFRIGERATION, MADANNADA, KOLLAM-10. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE KOLLAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED Q-167, KOLLAM, REPRESENTED BY VASANTHAKUMAR, S/O.BALAKRISHNA KURUP, PILLAI VEEDU, MURUKUMON, NILAMEL, KOLLAM- PIN-695001. R2 BY PP. SRI. S. SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3797 of 2011 APPENDIX PETITIONER(S) ANNEXURES: ANNEXURE 1: THE TRUE COPY OF THE JUDGMENT DATED 12-8-2011 IN ST 128/2010 OF THE JUDICIAL CLASS MAGISTRATE COURT-III, KOLLAM. ANNEXURE 2: THE TRUE COPY OF THE ORDER IN CRMP 2440/2011 IN CRA 340/2011 OF THE SESSIONS JUDGE, KOLLAM DATED 16-9-2011. ANNEXURE 3: THE TRUE COPY OF THE TREATMENT RECORDS OF THE PETITIONER'S WIFE. ANNEXURE 4: THE TRUE COPY OF THE JUDGMENT IN CRMC 4257/2009 OF THIS HON'BLE COURT, DATED 1-1-2010. ANNEXURE 5: THE TRUE COPY OF THE JUDGMENT IN CRMC 369/2010 OF THIS HON'BLE COURT DATED 3-2-2010. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE smvd N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. 3797 of 2011 ------------------------------------------ Dated this the 8th day of November, 2011 O R D E R Petitioner was convicted by the learned Magistrate for the offence punishable under Section 138 of Negotiable Instruments Act. The cheque in question was for Rs.1,12,267/-. (Rupees One lakh twelve thousand two hundred and sixty seven only). The learned Sessions Judge while suspending the sentence imposed a condition to deposit 1/4th of the cheque amount of Rs.1,12,267/- i.e. Rs.28,000/-. The learned counsel for the petitioner would submit the petitioner's wife was suffering from cancer and so he could not raise the amount. Considering all these aspects, the impugned order will stand modified. 2. The petitioner will deposit Rs.5,000/- within 2 weeks from today and another Rs.5,000/- shall be deposited within one month from that day and another Rs.5,000/- within one month thereafter. N.K. BALAKRISHNAN, JUDGE smvd