IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Crl.MC.No. 2670 of 2009() ----------------------- AGAINST THE ORDER IN CRMP 1160/09 IN CRA.151/2009 of I ADDL. SESSIONS COURT, KOLLAM. CC.NO.1409/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, KOLLAM. .................... PETITIONER(S): PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------------------------- SIRAJUDHEEN, S/O.MYDEENKUNJU, NALUVILA VEEDU, PUNUKKANOOR CHERRY, PERUMPUZHA P.O., KOLLAM. BY ADV. MR.C.RAJENDRAN RESPONDENT(S): RESPONDENTS/STATE AND COMPLAINANT: ---------------------------------------------------------------------------------------------- 1. STATE OF KERALA - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. H.NIZAM, BISMI MANZIL, KUTTICHIRA, KALLUMTHAZHAM, KOLLAM. R1 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2670 OF 2009 ------------------------------------------ Dated 17th August 2009 O R D E R This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition in Annexure-A1 order to deposit Rs.25,000/- to suspend the sentence. Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Sentence include a fine of Rs.2,00,000/-. Petitioner filed Crl.A.151/2009 before the Sessions court, challenging the conviction and sentence. Crl.M.P.1160/2009 is filed to suspend the sentence. Under Annexure-A1 order, sentence was suspended on conditions. One of the condition was to deposit Rs.25,000/-. That condition is challenged in this petition. When a sentence of fine of Rs.2,00,000/- is challenged before the Sessions court and the sentence is sought to be suspended, learned Sessions Judge was justified in directing the petitioner to deposit Rs.25,000/- as a condition for CRMC 2670/09 2 suspension of the sentence. If the petitioner is not prepared to deposit the portion of fine as directed, he is at liberty to seek early disposal of the appeal. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.