IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Crl.MC.No. 492 of 2008() ------------------------ AGAINST THE ORDER DATED 08/01/2008 IN CRMP.35/2008 IN CRA.3/2008 of ADDL.SESSIONS COURT,-I, MAVELIKKARA .................... PETITIONER: PETITIONER ---------------------------------------- RAJANI.K.R., KALEECKAL VEEDU, PUTHENKANDATHIL, ERAMATHOOR P.O., MANNAR. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: RESPONDENT ------------------------------------------------ 1. MANOJ JAYAPRAKASH, PRASANTHI, KERACKADU, MULAKUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.492 of 2008 = = = = = = = = = = = = = = Dated this the 5th day of February, 2008 ORDER The petitioner was convicted by the J.F.C.M- I, Chengannur in C.C.No.509/2005 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, in respect of a cheque for a sum of Rs.1,55,000/-. Aggrieved by the conviction and sentence she preferred Crl.Appeal No.3/2008 before the Additional Sessions Judge-I, Mavelikkara. As per Annexure II Order dated 8/01/08 that court suspended the sentence, inter alia, on condition that the petitioner deposits a sum of Rs.25,000/- towards compensation payable within one month and on failure to deposit the same, it was ordered that the trial court will be entitled to execute the default sentence imposed on the appellant. It is the said condition which is assailed in this Crl.M.C. 2. Even though no exception can be taken against the direction to deposit Rs.25,000/-, the further direction that on failure to do so, the trial court can execute the default sentence imposed on the appellant was uncalled for, besides being illegal. Crl.M.C.No.492 of 2007 2 Accordingly, the impugned order will stand modified to the following effect: 3. The petitioner-appellant shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) before the trial court within 45 days from today, failing which the trial court shall treat that the sentence has not been suspended. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj