IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 1450 of 2008() ------------------------- CRMP.177/2008 IN CRA.66/2008 of ADDL. SESSIONS COURT-II, MAVELIKKARA C.C. NO. 803/2005 of of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER: PETITIONER ---------------------------- K.A.VARGHESE,VADAKKE VEEDU PUTHIYAKAVU,MAVELIKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. VARGHESE DANIEL,PUTHENVEEDU, KOTTARCAVU, MAVELIKKARA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 1450 of 2008 ========================== Dated this the 3rd day of April, 2008. O R D E R As per Annexure -II order dated 08.02.2008 in Crl.M.P.No. 177 of 2008 in Crl. Appeal No. 66 of 2008, the learned Additional Sessions Judge-II, Mavelikkara suspended the sentence imposed by the trial court subject to certain conditions one of which was that the petitioner should deposit a sum of Rs.75,000/- before the trial court within two months from that day. It is the said condition which is assailed as onerous. It is a prosecution under Section 138 of the N.I. Act. Having regard to the fact that the total cheque amount is Rs.6 lakhs, I am not inclined to accept the contention that the condition directing the petitioner to deposit Rs.75,000/- is onerous. However, having regard to the facts and circumstances of the case, the petitioner is given a further time of two months from today to comply with the said condition. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv