IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Crl.MC.No. 1555 of 2009 -------------------------------- ORDER IN CRL.M.P.NO.1038/09 IN CRL.APPEAL NO.131/09 OF THE SESSIONS JUDGE, KOLLAM FROM C.C. NO.150/06 OF JFMC-II, PUNALUR. .................... PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------- MUHAMMED RASHEED, S/O. MAITHEEN FAKHEER RAWTHER DERBHA VILAS VEEDU, T.B. JUNCTION, VALACODU VILLAGE, PATHANAPURAM TALUK. BY ADV. MR.C.R.SIVAKUMAR RESPONDENTS/RESPONDENT/COMPLAINANT: ----------------------------------------------------------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.N. GOPINATHAN, S/O. NANU, ANIL NIVAS, MANIYAR, PUNALUR VILLAGE, PATHANAPURAM TALUK. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1555 of 2009 ================== Dated this the 22nd day of May, 2009. O R D E R The petitioner is the accused in C.C.No.150/2006 on the file of Judicial First Class Magistrate Court-II, Punalur. He was convicted and sentenced to simple imprisonment for one year and to pay a fine of Rs.3,33,333/- and in default, simple imprisonment for 6 months more for the offence under Section 138 of the Negotiable Instruments Act. The petitioner filed Crl.Appeal No.131/2009 challenging the conviction. Crl.M.P.No.1038/2009 was filed to suspend the sentence. Under Annexure 2 order, learned Sessions Judge suspended the sentence on the petitioner executing a bond for Rs.25,000/- with 2 solvent sureties for the like sum and on depositing 1/6th of the amount covered by the dishonoured cheque within one month. This petition is filed to quash the CRL.M.C.No.1555/2009 2 direction to deposit the amount in Annexure 2 order. 2. The learned Counsel appearing for the petitioner was heard. 3. Though the learned Counsel argued that the direction to deposit a portion of the cheque amount is to be quashed, I am not inclined to grant the relief. If the petitioner is to get the sentence suspended, he has to deposit the amount as directed by the learned Sessions Judge. In case petitioner is to raise the amount, he is permitted to furnish sufficient bank guarantee or other security to the satisfaction of the Magistrate within one month. M.SASIDHARAN NAMBIAR dkr JUDGE