IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Crl.MC.No. 3343 of 2011 ------------------------- PETITIONER: APPELLANT :PETITIONER(S) ------------------------ -------------------------------------- THOMAS, AGED 54 YEARS, S/O.ANTHONY, PUTHOOR VEEDU, VELLARKKADU VILLAGE, THALAPPILLY TALUK, THRISSUR. BY ADV. SRI.PRASUN.S ADV.SRI.M. MANOJKUMAR (CHELAKKADAN) ADV.SRI. PAUL MATHEW RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------------------- 1. MOHAMMED, AGED 47 YEARS, S/O.KUNJIPPA, KUZHIKKANDATHIL VEEDU, KOOTTANADU DESOM, CHALISSERY AMSOM, OTTAPPALAM TALUK, PALAKKAD DISTRICT-679101 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 31 R2 BY PUBLIC PROSECUTOR, SRI. ALEX.M.THOMBRA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MM Crl.MC.No. 3343 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 COPY OF THE ORDER DATED 09-08-2011 IN CRIMINAL MISCELLANEOUS PETITION NO.1881 OF 2011 IN CRIMINAL APPEAL NO. 296 OF 2011 OF THE COURT OF THE SESSIONS JUDGE, PALAKKAD ANNEXURE A2 COPY OF THE ORDER DATED 07-09-2011 IN CRIMINAL MISCELANEOUS PETITION NO.2842 OF 2011 IN CRIMINAL APPEAL 296 OF 2011 OF THE COURT OF THE SESSIONS JUDGE, PALAKKAD RESPONDENT'S ANNEXURES : NIL TRUE COPY P.A. TO JUDGE MM N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3343 of 2011 ----------------------------------- Dated this the 30th day of September 2011 O R D E R Petitioner is the accused. He was convicted by the learned Magistrate for offence punishable under Sec.138 of N.I.Act. Inter alia he was sentenced to pay a sum of Rs.5 lakhs as compensation to the complainant therein. An appeal was filed by the petitioner. While suspending the sentence, the learned Sessions Judge directed the petitioner to deposit before J.F.C.M., Pattambi Rs.1,50,000/- within one month from the date of that order. The petitioner challenges that condition so imposed by the learned Sessions Judge. 2. The learned counsel submits that the appellant has got merit in the appeal. She also submits that the petitioner is a poor man and is not in a position to raise Rs.1,50,000/- to pay the amount as a condition for getting Crl.M.C. No.3343 of 2011 -: 2 :- the sentence suspended. In view of the fact the amount of compensation directed to be paid by the learned Magistrate is Rs.5,00,000/-, I find that the direction to deposit Rs.1,50,000/- cannot be said to be unreasonable. But some modification regarding the time for depositing the amount can be made. The petitioner will deposit Rs.50,000/- within three weeks from today. Another sum of Rs.50,000/- shall be deposited within another one month and the balance sum of Rs.50,000/- shall be deposited within another two months. If the petitioner deposits Rs.50,000/-, the first instalment within the time prescribed and files an affidavit that he will make the other two deposits within the time prescribed, the execution of the sentence will remain suspended provided he deposits the balance amount in two instalments on time. This Crl.M.C. is disposed of as stated above. N.K.BALAKRISHNAN, JUDGE. Jvt