IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1879 of 2009 ---------------------------------- AGAINST THE ORDER DATED 07/03/2009 IN CRL.MP.NO.902/2009 IN CRL.A.NO.167/2009 OF II ADDL.SESSIONS COURT, ERNAKULAM. .................... PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------- MATHEW C.MATHEW, SOLE PROPRIETOR, MATHEW C.MATHEW & SONS, POST BAG NO.5211, ALAPPUZHA. BY ADV. MR.GEORGE MATHEW. RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. E.S.VIDHYADHARAN, S/O.SANKARAN, EDAPPARAMBIL HOUSE, CHARAKKADU MURI, MOOTHAKUNNAM VILLAGE. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 1879/2009: ORDER ON CRL.M.A. NO 3113/2009 IN CRL.M.C. NO. 1879/2009 DISMISSED 09/06/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1879 OF 2009 ------------------------------------------ Dated 9th June 2009 O R D E R Petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act. He filed Crl.A.167/2009 before Sessions court, Ernakulam to suspend the sentence under Annexure-A2 order. Learned Additional Sessions Judge suspended the sentence on condition of executing a bond with two solvent sureties to the satisfaction of the Magistrate and also on deposit of Rs.1,00,000/- within three months. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition to deposit Rs.1,00,000/-. 2. Learned counsel appearing for petitioner was heard. 3. Annexure-A1 judgment of learned Magistrate establish that the dishonoured cheque was for Rs.2,50,000/- issued on 2/6/2005. Learned Sessions Judge in such circumstances, was justified in directing to deposit a portion of the amount covered CRMC 1879/09 2 by the dishonoured cheque in order to suspend the sentence. Petitioner was decided to deposit only less than fifty percent of the amount covered by the cheque. If the case of the petitioner is that he is not in a position to deposit the amount, petitioner is at liberty to move the Sessions court for early disposal of the appeal. If such an application is filed, learned Sessions Judge to dispose the appeal without delay. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.