IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Crl.MC.No. 3200 of 2010() ------------------------------------- AGAINST THE ORDER DATED 07/07/2010 IN CRMP.1569/2010 IN CRA.248/2010 OF SESSIONS COURT, KOLLAM .................... PETITIONER(S): ----------------------- SANTHA D., D/O.VELAYUDHAN NAIR, SAJU BHAVAN, NADUMKAYAM, PAPER MILLS P.O., PUNALUR. BY ADV. SRI.R.SURAJ KUMAR, SRI.N.AJITH. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABDUL RAHMAN K., KALANJIKKAL PADINJATTATHIL, PUNALUR VILLAGE, PATHANAPURAM TALUK. R1 BY PUBLIC PROSECUTOR MR.C.M. KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3200 of 2010 = = = = = = = = = = = = = = Dated this the 12 th day of August, 2010 ORDER The petitioner, who was convicted by the J.F.C.M-IV, Punalur for an offence punishable under Section 138 of the Negotiable Instrument Act, 1881 involving a cheque for Rs.3 lakhs and who was directed to pay a compensation of Rs.3,05,000/- by the Magistrate, filed an appeal before the Sessions Court, Kollam as Crl.Appeal No.248/2010. As per Annexure B order dated 7.7.2010 in Crl.M.P.No.1569/2010 in the said appeal, the learned Sessions Judge suspended the sentence on condition that the petitioner executes a bond for Rs.50,000/- with two solvent sureties and also deposits 1/5th of the compensation amount within one month of the said date. The petitioner challenges the said order, contending, inter alia, that the condition for deposit is an onerous condition. Crl. M.C. No. 3200 of 2010 2 2. I cannot agree with the above submissions. It was well within the power of the Sessions Court to impose such a condition and the petitioner has been directed to deposit only 1/5th of the compensation amount. However, I find that the bond amount of Rs.50,000/- fixed is on the higher side. Moreover, I am inclined to grant some more time to deposit 1/5th of the compensation amount. Accordingly Annexure B order shall stand modified as below:- 1.Instead of Rs.50,000/- as bond amount, the bond amount shall be Rs.15,000/-. 2.The petitioner shall deposit 1/5th of the compensation amount within three months from today. This Crl.M.C is disposed of as above. Dated this the 12 th day of August, 2010. V. RAMKUMAR, JUDGE sj