IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 3588 of 2010() ------------------------------------- CRL.M.P.NO.1536/2010 IN CRA.NO.243/2010 OF SESSIONS COURT, KOLLAM. S.T.NO.65/2008 OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM ............... PETITIONER/ACCUSED: ----------------------------------- THANKAMANY, W/O.SASI, KAJIRATHUMMOODU VEEDU, KAVATH NAGAR-144, MUNDALUMMOODU, THIRUMULLAVARAM P.O, KOLLAM. BY ADV. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. THE KOLLAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, Q 167,KOLLAM REPRESENTED BY SRI.VASANTHA KUMAR, S/O.BALAKRISHAN KURUP, PILLAI VEDU, MURUKUMON, NILAMEL, KOLLAM - 691 536. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3588 OF 2010 --------------------------------------------- Dated 30th August, 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act by Chief Judicial Magistrate, Kollam in S.T.65/2008. He challenged the conviction and sentence before Sessions court, Kollam in Crl.A.243/2010. In the appeal he filed Crl.M.P.1536/2010 to suspend the sentence. By Annexure-I order, learned Sessions Judge suspended the sentence on condition. Petition is filed under Section 482 of Code of Criminal Procedure to quash the condition directing the petitioner to deposit 1/4th of the fine amount. 2. Learned counsel appearing for Crmc 3588/10 2 the petitioner was heard. 3. I find no reason to interfere with Annexure-I order. If petitioner has to get an order suspending the sentence, she shall deposit the amount as directed. If petitioner is not in a position to deposit the amount, she is at liberty to approach the learned Sessions Judge for expeditious disposal of the appeal without suspending the sentence. If such an application is filed, learned Sessions Judge to pass appropriate order in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.