IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Crl.MC.No. 3471 of 2011() ------------------------- AGAINST THE ORDER DATED 24/08/2011 IN CRMP.2279/2011 IN CRA.NO. 320/2011 of SESSIONS COURT, KOLLAM .................... PETITIONER(S)/APPELLANT ------------------------------------------ SREEKUMAR, S/O SREENIVASAN, KONNULLIL HOUSE, NEAR KESARI MEMORIAL COLLEGE, NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.LIJU. M.P SRI.G.PADMARAJ RESPONDENT(S): --------------------------- 1. SATHYANANDAN, ABHISEKH HOUSE,ASRAMAM, KOLLAM (DISTRICT) REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SHAJAN, S/O SREENIVASAN, SREENIVAS, PERUMPUZHA POST, KERALAPURAM,KOLLAM. 2. STATE OF KERLA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.P.M.SANEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3471/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE JUDGMENT DATED 21/7/2011 PASSED IN ST NO.1255/08 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM. ANNEX B COPY OF THE ORDER DATED 24/8/2011 PASSED IN CRL.M.P.NO.2279/2011 IN CRL.APPEAL NO.320/2011 ON THE FILE OF THE SESSIONS COURT,KOLLAM. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3471 of 2011 ----------------------------------- Dated this the 13th day of October 2011 O R D E R Petitioner was convicted in a case instituted under Sec.138 of N.I.Act. The cheque in question was for Rs.2,50,000/-. The learned Magistrate sentenced the accused to undergo simple imprisonment for one year and to pay Rs.2,50,000/- as compensation and another Rs.15,000/- as expenses. Then the petitioner/appellant filed an appeal along with a petition. The learned Sessions Judge allowed the said petition and suspended the sentence inter alia on condition that the petitioner should remit 1/5 th of the compensation amount, that is; Rs.50,000/-. It was to be deposited within one month from 24.8.2011. 2. The learned counsel for the petitioner submits that the condition imposed by the learned Sessions Judge is harsh or at any rate it caused difficulty to the petitioner to Crl.M.C. No.3471 of 2011 -: 2 :- deposit the amount. He also contends that he is having some financial constraints to deposit the amount. However, the condition imposed by the learned Sessions Judge cannot be said to be unreasonable. 3. In these circumstance, this Crl.M.C. is disposed of as stated below :- The execution of the sentence will stand suspended on condition that the petitioner should deposit Rs.20,000/- (Rupees Twenty Thousand only) within two weeks from today and the balance sum of Rs.30,000/- shall be deposited within another one month from that date. N.K.BALAKRISHNAN, JUDGE. Jvt