IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Crl.MC.No. 4027 of 2010() ------------------------------------- CRA.322/2010 IN CRMP.NO.2212/2010 of ADDL. SESSIONS COURT, KOLLAM CRMP.1930/2010 IN CRA.322/2010 OF SESSIONS COURT, KOLLAM. .................... PETITIONER/APPELLANT/ACCUSED IN ST NO.66/2009 ------------------------------------------------------------------------------- N. ASOKAN, S/O. CINE NARAYANAN, KAMALA NIVAS, THAMARAKKULAM, KOLLAM-1. BY ADV. SRI.S.SOMAN, SRI.R.SELVAKUMAR. RESPONDENT/RESPONDENT/COMPLAINANT IN ST.NO.66/2009 --------------------------------------------------------------------------------------------- K. NAGENTRAN, PARADISE LRA NO.134, LEKSHMINADA, KOLLAM. BY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4027 OF 2010 --------------------------------------------- Dated 4th October, 2010 O R D E R Petitioner, the accused in S.T.66/2009 on the file of Judicial First Class Magistrate's Court-III, Kollam was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Petitioner challenged the conviction and sentence before Sessions Court, Kollam in Crl.A.322/2010. He sought suspension of the sentence by filing Crl.M.P.1930/2010. By Annexure-I order learned Sessions Judge suspended the sentence on conditions. Aggrieved by the direction to remit 1/5th of the compensation amount, this petition is filed. 2. Learned counsel appearing for the petitioner was heard. Crmc 4027/10 2 3. Argument of the learned counsel appearing for the petitioner is that due to the financial conditions of the petitioner, he is not in a position to deposit the amount. Therefore, the condition to deposit is to be deleted or in the alternative, learned Sessions Judge is to be directed to dispose the appeal expeditiously. 4. When the sentence sought to be suspended includes compensation, that too for an offence under Section 138 of Negotiable Instruments Act, learned Sessions Judge was justified in directing the petitioner to deposit a portion of the compensation amount, for suspending the sentence. I find no illegality warranting interference. Time fixed to deposit the amount was subsequently extended by Annexure-II order, by the learned Sessions Crmc 4027/10 3 Judge. If petitioner is not in a position to deposit the amount, appeal is to be heard without suspending the sentence. It is upto the petitioner to approach the learned Sessions Judge for expeditious disposal. If such an application is filed, learned Sessions Judge to dispose the appeal expeditiously. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.