IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Crl.MC.No. 811 of 2008() ------------------------ PETITIONER: ------------ BENNI, S/O. JOSEPH, AGED 40 YEARS, PANDIYAMMAKKAM, VANIYAMPARA, THRISSUR BY ADV. SRI.E.R.VENKATESWARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. MR.P. KUMARAN, S.O. AYYAPPAN, PALAKKAVIL HOUSE, ADKKAPUTHUR, DESOM, CHERPULASSERY AMSOM, OTTAPPALAM TALUK BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-02-2008 , THE COURT ON 25/02/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J ...................................... Crl.M.C. No. 811 of 2008 ...................................... Dated: 25th February 2008 O R D E R Petitioner who was the accused in C.C. No. 587 of 2004 on the file of the J.F.C.M., Ottapapalam in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 22,000/- was convicted by the learned magistrate. Against the said conviction he preferred an appeal before the Sessions Court, Palakkad as Crl. Appeal No. 440 of 2007. As per Annexure II order, while suspending the sentence, the learned Sessions Judge directed him to pay 1/4th of the cheque amount. The said condition is assailed as onerous. The petitioner has also put forward medical grounds in support of his contention. 2. Having regard to the cheque amount and other circumstances, I am not inclined to interfere with the said -:2:- condition imposed by the lower appellate court. However, the petitioner is granted three months time from today to comply with the said condition. This Crl.M.C. is disposed of as above. V.RAMKUMAR, (JUDGE). ani