IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Crl.MC.No. 938 of 2010 -------------------------------- (CRL.M.P. NO. 5481/2009 IN CRL.A.NO.895/2009 OF SESSIONS COURT, THRISSUR) .................... PETITIONER/PETITIONER/APPELLANT: -------------------------------------------------------- T.N. VIJAYAN, AGED 52 YEARS, S/O. NANU, DIRECTOR, KUTTANAD CENTRAL SCHOOL, ANAMIKA HOUSE, SANATHANAPURAM.(P.O), ALAPPUZHA. BY ADVS. MR.C.A.CHACKO, SMT.C.M.CHARISMA, MR.N.A.SHAFEEK, MR.M.S.UNNIKRISHNAN (OASIS). RESPONDENTS/STATE: ---------------------------------- STATE OF KERLA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2010, ALONG WITH CRL.M.C. NO. 939/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------------- CRL.M.C.NOs.938 & 939 OF 2010 -------------------------------------------------- Dated 17th March 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act in two cases. He challenged the conviction and sentence in Crl.A.895/2009 and 896/2009 before Sessions court, Thrissur. Petitioner also filed two petitions to suspend the sentence till the disposal of the appeal. Learned Sessions Judge suspended the sentence on condition of deposit of Rs.50,000/- and 30,000/- respectively. These petitions are filed under Section 482 of Code of Criminal Procedure to quash the said condition. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Crmc 938 & 939/10 2 3. When an appeal is filed challenging the conviction and sentence for an offence under Section 138 of Negotiable Instruments Act, I find nothing wrong in the learned Sessions Judge directing petitioner to deposit portion of the amount covered by the dishonoured cheque, as a condition for granting stay of execution of the sentence. In such circumstances, I find no reason to interfere with those orders. Learned counsel then submitted that petitioner may be granted time to pay the amount. Petitioner is granted one months' time to deposit the amount as directed and get the sentence suspended. If petitioner is not in a position to deposit the amount, he is at liberty to move the Sessions court for early disposal of the appeal. M.SASIDHARAN NAMBIAR, JUDGE. uj.