IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Crl.MC.No. 3768 of 2009() ------------------------- (CRL.M.P.NO.3251/2009 IN CR.A.NO.689/2009 OF SESSIONS COURT, KOZHIKODE & C.C.NO.129/2008 OF SPECIAL JUDICIAL FIRST CLASS MAGISTRATE COURT (MARAD CASES), KOZHIKODE) PETITIONER: --------------- K.ARUN KUMAR, AGED 43 YEARS, S/O.M.K.GANGADHARAN, PROPREITOR, M/S.HORIZON BUILDERS AND DEVELOPERS, MAHARAJA COMPLEX, SOUTH NADA, GURUVAYOOR. BY ADV. SRI.K.R.VINOD RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. M.R.CHANDRIKA, AGED 59 YEARS, W/O.KUMARAN, POURNAMI, KULAKKATTU CHALI. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR J. ----------------------------- CRL.M.C No.3768/2009 & 3782/2009 ------------------------------ Dated this the 9th day of December, 2009. O R D E R Petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act. Crl.A.Nos.689 of 2009 and 690 of 2009 were filed before the Sessions Court, Kozhikode, challenging the conviction and sentence. The petitioner sought suspension of the sentence during the pendency of the appeal. By separate orders, the learned Sessions Judge granted suspension of sentence on execution of bond for Rs.15,000/- with two solvent sureties for the like sum, to the satisfaction of the Magistrate and on depositing 10% of the compensation amount. This petition is filed under Section 482 of the Code of Criminal Procedure to quash the condition to deposit 10% of the compensation. 2. When the petitioner is convicted and sentenced for an offence under Section 138 of the Negotiable Instruments Act and the sentence include compensation, learned Sessions Judge is justified in directing petitioner to deposit 10% of the compensation amount as well as execution of a bond with two solvent sureties. I find no reason to interfere with the order. The petition is dismissed. M.SASIDHARAN NAMBIAR ab JUDGE