IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.MC.No. 1528 of 2011() ------------------------- CRA.527/2011 of SESSIONS COURT, KOTTAYAM .................... PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------- GEORGE JOSEPH, AGED 45 YEARS, MANGALATHU HOUSE, THALAYOLAPARAMBU P.O.,VADAYAR VILLAGE, VAIKOM TALUK PIN-686605. BY ADV. SRI.P.M.NATESAN RESPONDENTS/COUNTER PETITIONERS/COMPLAINANT AND STATE ------------------------------------------------------------------------------------------------------- 1. GIREESH KUMAR C., S/O.CHAKKRAPANI, PAZHAYIDATHU HOUSE, KEEZHOOR P.O.,] MULAKKULAM VILLAGE, VAIKOM TALUK, PIN-686605. 2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTORSRI.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1528 of 2011 ==================================== Dated this the 27th day of May, 2011 O R D E R Petitioner is aggrieved by the order dated 05.03.2011 on Crl.M.P. No.3855 of 2011 in Crl. Appeal No.527 of 2011 of the court of learned Sessions Judge, Kottayam. That appeal arose from conviction and sentence of petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, in C.C. No.170 of 2009 of the court of learned Judicial First Class Magistrate-II, Vaikom. Learned Sessions Judge while suspending sentence as per order dated 05.03.2011 directed petitioner to deposit `27,500/- within one month from the date of that order. That order is under challenge. Leaned counsel submitted that petitioner, on account of financial difficulties is not able to deposit the amount and that the condition for deposit of the amount virtually affect the right of petitioner to successfully challenge the conviction and sentence. 2. I am afraid I cannot agree with the learned counsel. It is within the power of the appellate court to impose conditions while suspending sentence. Here the amount of fine ordered by CRL.M.C. No.1528 of 2011 -: 2 :- learned Magistrate (apart from substantive sentence) is `3,00,000/- and out of the same `1,50,000/- was directed to be paid to the first respondent. In the circumstances I am not inclined to think that the deposit of `27,500/- directed by the learned Sessions Judge is exorbitant so as to call for interference. Having regard to the difficulties expressed by learned counsel petitioner can granted some time to deposit the amount. Resultantly, Criminal Miscellaneous Case is disposed of granting petitioner three weeks' time from this day to deposit `27,500/- as directed by the learned Sessions Judge in the order dated 05.03.2011 on Crl.M.P. No.3855 of 2011 in Crl. Appeal No.527 of 2011. Petitioner shall execute bail bond within ten days from this day before the trial court as ordered by the learned Sessions Judge subject to the condition of deposit of the amount within the time aforesaid. THOMAS P. JOSEPH, JUDGE. vsv