IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.MC.No. 2809 of 2010() ------------------------- CRA.150/2010 of SESSIONS COURT, KOLLAM .................... PETITIONER/APPELLANT: --------------- K.R.LEELA BHAI, D/O.RAJAMMA, PLAVIAL VEEDU, KIZHAKKEKARA MURI, KOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS/STATE & COMPLAINANT: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. D.RAJARAM, S/O.DIVAKARAN PILLAI, NALLOOR PUTHEN VEEDU, NJARAKKADU, THALAVUR, THALAVUR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2809 of 2010 ---------------------------------- Dated this the 27th day of July, 2010 ORDER The petitioner who was convicted in C.C.No.168 of 2007 on the file of the Judicial Magistrate of the First Class-II, Punalur for an offence punishable under Section 138 of the Negotiable Instruments Act involving a cheque for Rs.48,000/- filed Criminal Appeal No.150 of 2010 before the Sessions Court, Kollam. As per Annexure-A order dated 29/4/2010 in Crl.M.P.No.976 of 2010 the learned Sessions Judge suspended the sentence on the petitioner executing a bond for Rs.10,000/- with two solvent sureties and on the petitioner depositing before the trial court 1/4th of the compensation amount ie., Rs.12,000/- within one month from that date. It is the said condition for deposit which is assailed in this petition. Crl.M.C.No.2809/2010 : 2 : 2. I am not satisfied that the direction for deposit as well as the quantum of the amount to be deposited are illegal. The petitioner is, however, given two months from today to deposit the 1/4th cheque amount. Warrants, if any, pending against the petitioner shall not be executed for a period of two months from today. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj