IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Crl.MC.No. 3098 of 2010() ------------------------------------- CRMP.1801/2010 IN CRA.325/2010 of SESSIONS COURT, ALAPPUZHA CC.530/2008 of JDUL.MAGISTRATE OF FIRST CLASS COURT, RAMANKARI .................... PETITIONER/APPELLANT/ACCUSED ----------------------------------------------------- JOSEPH ABRAHAM, S/O.ABRAHAM, AGED 60, THEKKEKARA CHRIST VILLA, MANJADI P.O., KUTTAPUZHA, THIRUVALLA. BY ADV. SRI.JOSEPH GEORGE RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------------------------------ 1. KUNCHERIA JOHN, AGED 49, THEKKEKARA, NALUKODI P.O., CHANGANASSERY. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.3098 OF 2010 -------------------------------------- Dated this the 2nd day of August, 2010 ORDER Petitioner, who was the accused in C.C.No.530/2008 on the file of the J.F.C.M Court, Ramamkari, which was a prosecution under Section 138 of the Negotiable Instruments Act involving a cheque for Rs.1,03,500/- was convicted by the Magistrate. Aggrieved by the above conviction and sentence, he has preferred Crl.Appeal No.325/2010 before the Sessions Court, Alappuzha. As per Annexure A order dated 23.6.2010, the learned Sessions Judge suspended the sentence on condition that the petitioner deposits before the trial court Rs.50,000/- towards the fine. It is the said order which is assailed in this Criminal M.C. 2. Considering the fact that the lower appellate court has not directed the petitioner to execute a bond and considering the further fact that the amount directed to be deposited towards fine is on the higher side, Crl.M.C. No. 3098 OF 2010 : 2 : Annexure A order passed in CMP.No.1801/200 by the Sessions Court is modified as follows:- Execution of the sentence imposed by the trial court shall stand suspended on condition that the petitioner executes a bond for Rs.10,000/- with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M Court, Ramamkari and on depositing before the trial court a sum of Rs.30,000/- towards the compensation amount within one month from today. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb