IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Crl.MC.No. 2676 of 2009() ------------------------------------ CC.108/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KOLLAM .................... PETITIONER/PETITIONER/APPELLANT/ACCUSED ----------------------------------------------------------------------- SIRAJUDHEEN, S/O.MYDEENKUNJU, NALUVILA VEEDU, PUNUKKANNOOR CHERRY, ELAMPALLOOR VILLAE, PERUMPUZHA PO, KOLLAM. BY ADV. MR.C.RAJENDRAN RESPONDENTS/RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT ------------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A. KABEER, CHINJU MANZIL, PUNUKANNOOR, PERUMPUZHA PO, KOLLAM. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2676 OF 2009 ------------------------------------------ Dated 17th August 2009 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Petitioner challenged conviction before Sessions court, Kollam in Crl.A.150/2009. Sentence include a fine of Rs.2,00,000/-. Petitioner filed Crl.M.P.1159/2009 to suspend the sentence. Under Annexure-A1 order learned Sessions Judge suspended the sentence on conditions. One of the conditions is to deposit Rs.25,000/- within one month. This petition is filed to delete that condition. 2. Learned counsel appearing for petitioner was heard. Argument of the learned counsel is that the amount directed to be deposited is excessive and it is to be reduced. 3. When the sentence to be suspended is fine of Rs.2,00,000/- I cannot agree with the submission that direction to deposit Rs.25,000/- is CRMC 2676/09 2 excessive. I find no reason to interfere with that order. If petitioner is not able to deposit the amount, he is at liberty to approach the learned Sessions Judge to dispose the appeal expeditiously. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.