IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Crl.MC.No. 4278 of 2010 ---------------------------------- [CRL.A.NO.486/2010 OF SESSIONS COURT, ALAPPUZHA] .................... PETITIONER/PETITIONER/ACCUSED: ----------------------------------------------------- RAJENDRAN.P.K., AGED 43 YEARS, S/O.KARUNAKARAN, PULLTHARA HOUSE, VALAMANGALAM SOUTH P.O., THURAVOOR, CHERTHALA. BY ADVS. SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN. RESPONDENTS/COUNTER PETITIONER/COMPLAINANT & STATE: ---------------------------------------------------------------------------------------------- 1. K.N.MURALEEDHARAN, KARIYIL HOUSE, CMC NO.5, NEDUMBRAKKADU, CHERTHALA-688 524. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4278 OF 2010 --------------------------------------------- Dated 21st October, 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act in C.C.371/2007 on the file of Judicial First Class Magistrate's Court-I, Cherthala. Crl.A.486/2010 was filed before Sessions Court, Alappuzha challenging the conviction and sentence. By Annexure-A2 order, the sentence was suspended on conditions. One of the conditions was to deposit Rs.50,000/- being part of the compensation awarded, within one month. This petition is filed to quash that condition. 2. Learned counsel appearing for the petitioner was heard. 3. When the sentence sought to be Crmc 4278/10 2 suspended includes compensation, the direction in Annexure-A2 order to deposit a portion of the compensation amount cannot be said to be illegal. Therefore, I cannot agree with the argument of the learned counsel that the said condition is to be quashed. Learned counsel then submitted that two months time may be granted to deposit the amount, as the petitioner has applied for a loan. If extension of time is needed, petitioner has to approach the learned Sessions Judge. If an application is filed, learned Sessions Judge to pass appropriate order in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.