IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3198 of 2010() ------------------------- CRA.241/2010 of SESSIONS COURT, KOLLAM ST.7/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KARUNAGAPPALLY .................... PETITIONER: APPELLANT/ACCUSED -------------------------------- RANI ROY, ITTICKAL WOODLAND HOTEL, BOARDING ND LODGING, KUMALI.P.O., IDUKKI DISTRICT, RESIDING AT ITTICKAL HOUSE, KUMALI.P.O., IDUKKI DISTRICT. BY ADV. SRI.K.J.JOSEMON SRI.MATHEW SKARIA SRI.SASIKUMAR RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. KRISHNA KUMAR, S/O. MADHAVAN PILLAI, SREESHYLAM HOUSE, KALARI MURI, PANMANA VILLAGE, KARUNAGAPPALLY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3198 of 2010 ---------------------------------------- Dated this the 16th day of August, 2010 ORDER The petitioner a lady was convicted by the Judicial Magistrate of the First Class-II, Karunagappally in S.T.No.7/2008 which was a prosecution under Section 138 of the Negotiable Instruments Act involving a cheque for Rupees five lakhs. Challenging the conviction entered and the sentence passed, she has filed an appeal as Crl.A.No.241/2010 before the Sessions Court, Kollam. She challenges Annexure-II order dated 23/6/2010 passed by the Sessions Judge In C.M.P.No.1534/2010 as per which while suspending the sentence she has been directed to execute a bond for Rs.30,000/- with two solvent sureties each for the like amount and also to deposit 15% of the compensation amount before the trial court within one month from that day. According to the petitioner the above condition is an onerous condition and the petitioner has a good case to be argued in the appeal. 2. Admittedly the petitioner has been convicted by the Magistrate. The law is now well settled that the appellate court can direct the convicted accused to deposit a portion of Crl.M.C.No.3198/2010 : 2 : the cheque amount. Having regard to the facts and circumstances including the cheque amount I do not think that direction to deposit 15% of the cheque amount is on the higher side or would amount to an onerous condition. However, I am inclined to grant some more time to the petitioner to deposit the amount. It was unnecessary to fix Rs.30,000/- as the bond amount. Accordingly Annexure-II will stand modified as below:- The petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Karunagappally. She shall deposit 15% of the compensation amount before the trial court within three months from today. V.RAMKUMAR, JUDGE skj