IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Crl.MC.No. 85 of 2010() ----------------------------------- CRA.NO.426/09 OF SESSIONS COURT, KOLLAM. CC.NO.464/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA. .............. PETITIONER(S): APPELLANT/ACCUSED: ----------------------------------------------------------- R.GOPINATHAN PILLAI, AIKKARA VEEDU, KALARKODU MURI, KALARKODU MURI, KALARKODU P.O, ALAPPUZHA. BY MR.P.SANTHALINGAM, SENIOR ADVOCATE RESPONDENT(S): RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------------------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.SURESH KUMAR, S/O. SADASIVAN PILLAI, CHIRAYUDE KIZHAKKATHIL, MALIBHAGOM MURI, THEKKUMBHAGM VILLAGE, CHAVARA SOUTH, KOLLAM. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 85 OF 2010 =========================== Dated this the 12th day of January,2010 ORDER Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act in C.C.464/2007 on the file of Judicial First Class Magistrate Court, Sasthamcotta. Petitioner filed Crl.Appeal 426/2009 challenging the conviction and sentence. Crl.M.P.3463/2009 is filed to suspend the sentence. By Annexure 2 order learned Magistrate directed the suspension of the sentence on remitting 1/3rd of the cheque amount within one month. This petition is filed under section 482 of Code of Criminal Procedure to quash the order contending that learned Sessions Judge should not have directed remitting a portion of the amount to suspend the sentence. Reliance was placed on the Crl.M.C.85/2010 2 decision of the Division Bench of this Court in Joseph Sartho v. Gopinathan Nair (2008(4) KLT 509). 2. When an appeal is filed challenging the conviction and sentence for an offence under section 138 of Negotiable Instruments Act and suspension of the sentence is sought, learned Sessions Judge is justified in directing to remit 1/3rd of the cheque amount as a condition to suspend the sentence. I find no reason to interfere with that order. If the case of the petitioner is that he is not in a position to deposit the cheque amount, he is at liberty to approach the learned Sessions Judge and seek an early disposal of the appeal without suspension of the sentence. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006