IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Crl.MC.No. 4458 of 2010() ------------------------------ CRA.571/2010 of SESSIONS COURT, PALAKKAD ST.162/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS - II, OTTAPALAM .................... PETITIONER(S): ------------------- NARAYANANKUTTY @ NARAYANA PILLAI, AGED 52 YEARS, S/O. SIVADASAN NAIR, THUVARA HOUSE (PUTHENPURAYIL) KEEZHILLAM:P.O., PARAMBIPEEDIKA, NEAR PARUTHIVELIL HOSPITAL, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.KRISHNADAS P. NAIR RESPONDENT(S): -------------------- 1. BASIL JOSEPH, S/O.A.V.JOSEPH, AGED 29 YEARS, KONDOTTICKAL HOUSE, MANGALAM DAM, DALIMKADAV, ALATHUR TALUK, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R2 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4458 OF 2010 --------------------------------------------------------- Dated this the 9th day of November, 2010. O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act by Judicial First Class Magistrate Court-II, Ottapalam in ST.No.162 of 2008. He filed Crl.Appeal 571 of 2010 before the Sessions Court, Palakkad challenging the conviction. Crl.M.P.No.3296 of 2010 was filed to suspend the sentence. By Annexure-B order, learned Sessions Judge suspended the sentence and directed petitioner to execute a bond with two solvent sureties and deposit one fourth of the compensation. Petition is filed under Section 482 of Code of Criminal Procedure to quash the condition to deposit one fourth of the compensation. 2. Learned counsel appearing for the petitioner was heard. 3. The sentence sought to be suspended includes a compensation of Rs.95,000/-. In such circumstances the learned Sessions Judge was justified in directing the petitioner to deposit a portion of the compensation to suspend the sentence. As the learned Sessions Judge has directed only to deposit one fourth of Crl.M.C No.4458 OF 2010 2 the compensation, I find no reason to interfere with Annexure-B order. 4. Learned counsel then submitted that the period fixed under Annexure-B will expire within two days and hence two weeks' time may be granted. If the petitioner deposits the amount within two weeks from today, it shall be treated as in compliance with Annexure-B order. Petition is disposed of accordingly. M.SASIDHARAN NAMBIAR, JUDGE mns