IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 Crl.MC.No. 4191 of 2010() ----------------------------------- CRA.238/2010 of ADDL.SESSIONS COURT, KOTTAYAM .................... PETITIONER(S): APPELLANT ----------------------------------------- TOMY MATHEW, S/O.MATHEW, MANJAPPALLIL HOUSE, PADINJATTUMKARA P.O., PULIYANNOOR VILLAGE, KOTTAYAM DISTRICT. BY ADVS. SMT.MINI ELIZABETH GEORGE SMT.V.S.SIMI RESPONDENT(S): -------------------------- 1. EMMANUAL KURIAN, S/O.KURIAN, KARIKULATHIL HOUSE, NEENDOOR P.O., REPRESENTED BY POWER OF ATTORNEY HOLDER MANOJ.K.M, S/O.MOHANAN, KOTTATHIL HOUSE, NEENDOOR P.O., KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.CHARISMA. C.M. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.4191 of 2010 -------------------------- Dated this the 14th October, 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act by Judicial First Class Magistrate's Court, Ettumanoor in ST No.1398/2007. Petitioner filed Crl.A No.238/2010 challenging the conviction. Crl. M.P. No.1619/2010 was filed to suspend the sentence. By Annexure-I order, learned Magistrate suspended the sentence on conditions. One of the conditions was that petitioner has to deposit Rs.50,000/-, being a portion of the amount covered by dishonoured cheque, before learned Magistrate within two months. Petitioner did not deposit that amount and filed Crl.M.P. No.2904/2010 praying time to deposit. By Annexure-II order, learned Magistrate dismissed the application making it clear that suspension will come into force only on deposit. This petition is filed under Section 482 of Cr.P.C to direct the Sessions Judge to recall the warrant and grant two more months time to deposit the amount. Crl.M.C No.4191 of 2010 2 2. Learned counsel appearing for the petitioner was heard. 3. When the sentence challenged in the appeal is for the offence under Section 138 of Negotiable Instruments Act, learned Sessions Judge was justified in directing the petitioner to deposit a portion of the amount covered by the dishonoured cheque, to suspend the sentence. I find no reason to interfere with the order. It is made clear that there would be an order suspending the sentence on making the deposit. If due to his financial situation, petitioner is not in a position to deposit the amount, he is at liberty to file an application to dispose the appeal out of turn. If such an application is filed, Additional Sessions Judge to dispose the appeal, expeditiously. Petition is disposed of. M.SASIDHARAN NAMBIAR JUDGE ma Crl.M.C No.4191 of 2010 3 M.SASIDHARAN NAMBIAR JUDGE ma