IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 Crl.MC.No. 3337 of 2010() ------------------------- AGAINST THE ORDER DATED 21/05/2010 IN CRMP 1236/2010 IN CRA.281/2010 of SESSIONS COURT, KOZHIKOE .................... PETITIONER: --------------- MUJEEB RAHIMAN AGED YEARS, S/O MUHAMMED, NARANGATHODI HOUSE, NILAMBUR ROAD, NEAR JASEELA TOURIST HOME, PO.MANJERI, MALAPPURAM. BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB RESPONDENTS: --------------- 1. DON BOSCO, S/O.HILLARIOUS, 18/B, ULLAS NAGAR HOUSING COLONY, P.O.KUTHIRAVATTOM, CALICUT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------- Crl.M.C. No. 3337 OF 2010 -------------------------- Dated this the 13th day of August, 2010 O R D E R The petitioner is the appellant in Cr.Appeal No. 281 of 2010 on the file of the Sessions Court, Kozhikode. He has filed the above appeal against the conviction and sentence imposed against him for the offence under Section138 of the Negotiable Instruments Act. His sentence was suspended vide Annexure 3 order passed by the learned Sessions Judge subject to the condition of executing the bond for Rs.20,000/- with two solvent sureties for the like amount to the satisfaction of the court below and of depositing 10% of the compensation awarded by the court below. Challenge raised in this Crl.M.C. is only with respect to the quantum of the percentage of compensation as fixed by the learned Sessions Judge for suspension of the sentence. It is seen that the cheque amount was Rs.2,50,000/- and that was the sum directed to be paid as compensation by the Magistrate. The Sessions Judge in appeal has only directed to deposit 10% of the compensation so awarded as a condition precedent for suspension of the sentence. It cannot be stated as excessive or unreasonable especially where the Crl. M.C. No.3337/2010 2 Sessions Judge had discretion to pass appropriate orders with respect to suspension and sentence in cases involving offence under Section 138 of Negotiable Instruments Act. However, learned counsel requests for grant of sufficient time for making deposit of the sum ordered by the learned Sessions Judge. Having regard to the submissions made by the learned counsel, petitioner is granted opportunity to deposit 10% percentage of compensation fixed by the Sessions Judge in two instalments, within a period of six weeks from the date of this order. Subject to the condition as indicated above, Annexure 3 order shall prevail. The Crl.M.C. is disposed of. S.S.SATHEESACHANDRAN, (JUDGE) vps Crl. M.C. No.3337/2010 3 Crl. M.C. No.3337/2010 4