IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Crl.MC.No. 1798 of 2011() --------------------------------- (ST 622/2008 OF JUDICIAL FIRST CLASS MAGISTRATE -II, PERAMBRA) ......................... PETITIONER(S): PETITIONER/ACCUSED ----------------------------------------------------------- SABITHA.C,W/O.BAIJU,AGED 28 YEARS, CHENKUNEEMMAL HOUSE,MODAKKALLUR PO, KOYILANDY TALUK, KOZHIKODE. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------ 1. GOKULAM CHIT AND FINANCE CO.(P) LTD., REP.BY ITS LEGAL CLERK SUDHEESH KUMAR.P.K, AGED 31 YEARS,S/O.V.K.KRISHNAN,GOKULAM CHITS & FINANCE CO(P) LTD., BALUSSERY. 2. STATE,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1798 of 2011() ANNEXURE ANNEXURE 1 : COPY OF THE ORDER IN CRL.M.P. 1410/2011 OF SESSIONS COURT, KOZHIKODE // TRUE COPY // PA TO JUDGE smt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.1798 of 2011 ~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June 2011 O R D E R Petitioner is accused in S.T.No.622 of 2008 of the court of learned Judicial First Class Magistrate-II, Perambra for offence punishable under Sec.138 of the Negotiable Instruments Act. She was sentenced to undergo simple imprisonment for two years, with direction to pay compensation of Rs.75,000/- to the first respondent. She preferred an appeal before learned Sessions Judge, Kozhikode as Crl.A.No.319 of 2011 and moved Crl.M.P.No.1410 of 2011 to suspend the sentence. Learned Sessions Judge vide order dated 2.6.2011 suspended the sentence on condition that petitioner executed bond for Rs.40,000/- with two solvent sureties for the like sum each to the satisfaction of the trial court and deposited Rs.30,000/- before the trial court. That condition is under Crl.M.C. No.1798 of 2011 -: 2 :- challenge. Learned counsel submitted that on account of financial difficulties petitioner is not able to deposit the said amount. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. 3. Having regard to the difficulties of petitioner stated by learned counsel, I am inclined to modify the condition under challenge. It is sufficient that petitioner deposits Rs.20,000/- within one month from this day. Resultantly, this Crl.M.C. is disposed of in the following lines :- (1)The condition requiring petitioner to deposit Rs.30,000/- as per order dated 2.6.2011 on Crl.M.P.No.1410 of 2011 in Crl.A.No.319 of 2011 of the court of learned Sessions Judge, Kozhikode is modified to the extent that petitioner need deposit only Rs.20,000/- in the trial court. (2)Petitioner is granted a month's time from this day to Crl.M.C. No.1798 of 2011 -: 3 :- deposit the said amount. (3)Petitioner shall execute bail bond as directed by the learned Sessions Judge within two weeks from this day (if it is not already executed) subject to deposit of the amount as aforesaid within the time granted above. THOMAS P. JOSEPH, JUDGE. Jvt