IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Crl.MC.No. 2845 of 2009() ------------------------------------ CC.7/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOTTARAKKARA .................... PETITIONER(S): ----------------------- P. RAMESAN, PARIYARATH VEEDU, KODUVILA, EAST KALLADA, KOLLAM DIST. BY ADV. MR.E.S.ASHRAF RESPONDENT(S): ------------------------ 1. PARAMESWARAN PILLAI. G, ANIL BHAVANAM, KAITHACODE P.O., PAVITHRESWARAM VILLAGE, KOTTARAKKARA THALUK. 2. THE STATE OF KERLA REP. BY THE PUBLIC PROSECUTOR, HGIH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2845 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Sentence includes a compensation of Rs.50,000/-. When petitioner filed an application for suspension of the sentence in the appeal filed challenging the conviction and sentence, under Annexure-A2 order, learned Sessions Judge suspended the sentence on depositing 1/5th of the cheque amount. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said condition. 2. When the sentence to be suspended includes a compensation of Rs.50,000/-, learned Sessions Judge was justified in directing petitioner to deposit 1/5th of the cheque amount. In such circumstances, I find no reason to interfere with that order. Petitioner is granted one month's time from today to deposit the amount. Petition is disposed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv