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. 3400 of 2011() ------------------------- AGAINST THE ORDER DATED 16/09/2011 IN CRMP.2305/2011 IN CRA.588/2011 of SESSIONS COURT, KOZHIKODE CC.624/2009 of COURT OF THE SPECIAL JUDICIAL FIRST CLASS MAGISTRATE, KOZHIKODE. .................... PETITIONER(S): --------------- SHAHUL HAMEED.M.P., S/O. NOORUDHIN, AGED 36 YEARS,M.P. HOUSE, P.O. VYDYARANGADI, KOZHIKODE-673633. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): --------------- 1. P. SUJANAPAL, S/O. SEKHARAN, 1ST FLOOR, PARCO COMPLEX ANNEX, 18/193, KALLAI ROAD, KOZHIKODE-673002. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.R.REMA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SU CRL.M.C.NO.3400/2011 APPENDIX PETITIONER'S ANNEXURS: ANX.I COPY OF THE JUDGMENT DATED 23-8-2011 IN C.C. NO. 624 OF 2009 OF THE SPECIAL JUDICIAL FIRST CLASS MAGISTRATE'S COURT (MARAD CASES), KOZHIKODE. ANX.II COPY OF MEDICAL CERTIFICATE DATED 3-7-2009. ANX.III COPY OF THE MEMORANDUM OF CRIMINAL APPEAL NO.588 OF 2011 DATED 13-9-2011 BEFORE THE COURT OF SESSION, KOZHIKODE DIVISION. ANX.IV COPY OF CRL. M.P. NO.2305/2011 DATED 13-9-2011 IN CRL. APPEAL NO.588/11 BEFORE THE COURT OF SESSION KOZHIKODE. ANX.V COPY OF C.M.P. NO.2306/2011 DATED 13-9-2011 IN CRL.APPEAL NO.588/11 BEFORE THE COURT OF SESSION, KOZHIKODE. ANX.VI COPY OF C.M.P.NO.2316/2011 DATED 15-9-2011 IN CRL. APPEAL NO.588/11 BEFORE THE COURT OF SESSION, KOZHIKODE. ANX.VII COPY OF MEDICAL CERTIFICATE DATED 16-9-2011. ANX.VIII COPY OF THE ORDER DATED 16-9-2011 IN CRL.M.P.NO.2305/2011 IN CRL. APPEAL NO.588 OF 2011 OF THE COURT OF SESSION, KOZHIKODE DIVISION. RESPONDENTS' ANNEXURES: NIL. /TRUE COPY/ P.A. TO JUDGE SU N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3400 of 2011 ----------------------------------- Dated this the 13th day of October 2011 O R D E R Petitioner was convicted by the learned Magistrate in a case under Sec.138 of N.I.Act. He was sentenced to undergo imprisonment till the rising of the court and was ordered to pay Rs.2,10,000/- as compensation which was the cheque amount. When the appeal was filed, the learned Sessions Judge suspended the sentence on condition that the petitioner should deposit Rs.70,000/-, which is part of the compensation amount, which was to be paid within 40 days from the date of that order. The order was passed on 16.9.2011. 2. The learned counsel for the petitioner submits that the petitioner had sustained serious injuries in an accident and was undergoing treatment for long time and for that purpose he had to spend huge amount and now he Crl.M.C. No.3400 of 2011 -: 2 :- is not in a position to deposit the amount. The cheque was of the year 2005; six years have elapsed. The direction to deposit 1/3 rd of the cheque amount cannot be said to be illegal or unreasonable. However, the order is modified as stated below :- The execution of the sentence will stand suspended on condition that the petitioner will deposit Rs.25,000/- (Rupees Twenty Five Thousand only) within one month from today and another Rs.25,000/- shall be deposited within 45 days from that date and the balance Rs.20,000/- shall be deposited within another two months thereafter. If the conditions are not complied with, the learned Magistrate will execute the sentence pertaining to compensation. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt