IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Crl.MC.No. 3058 of 2009 ---------------------------------- [CRL.M.P.NO.1944/2009 IN CRL.A.233/2009 OF SESSIONS COURT, KOLLAM, CC.NO.961/2005 OF JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM] .................... PETITIONER:-( PETITIONER/ACCUSED): --------------------------------------------------------- SAMUEL GEORGE ,MALIYEKKAL BUNGLOW, ANDOOR P.O., VALAKAM, KOTTARAKKARA. BY ADV. MR.T.M.ABDUL LATHEEF. RESPONDENTS:-(RESPONDENTS/ COMPLAINANTS): ---------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. K.BALACHANDRAN, KALEEKALMELATHIL, CHERUMOODU, VELLIMON P.O., PERINAD,KOLLAM. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3058 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced to a fine of Rs.1,50,000/- for the offence under Section 138 of Negotiable Instruments Act. Petitioner challenged the conviction before Sessions Court, Kollam in Crl.A.No.233/2009. Under Annexure-A2 order, at the instance of the petitioner, the sentence was suspended, on conditions. This petition is filed under Section 482 of Code of Criminal Procedure to delete the condition to remit Rs.35,000/- contending that petitioner is not in a position to pay the amount and he did not commit the offence and compensation need be paid only on realisation of the fine and when the question whether petitioner committed the offence or not is to be decided in the criminal appeal, there is no justification for the learned Sessions Judge directing the petitioner to deposit Rs.35,000/-. CRMC 3058/09 2 2. On hearing the learned counsel, I find no reason to interfere with Annexure-A2 order. When petitioner was convicted and sentenced to a fine of Rs.1,50,000/- and the sentence is sought to be suspended, learned Sessions Judge was justified in directing the petitioner to deposit Rs.35,000/- as a condition to suspend the sentence. If petitioner is not in a position to deposit the amount, he is at liberty to approach the learned Sessions Judge to dispose the appeal expeditiously. Petition is dismissed. Petitioner is granted two weeks' further time from today to deposit that amount. 22nd September, 2009 (M.Sasidharan Nambiar, Judge) tkv