IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 CRL.MC.NO. 1200 OF 2011() ----------------------------------------- AGAINST CRMP 168/2011,CRMP 907/2011 IN CRA.17/2011 OF SESSIONS COURT, KOTTAYAM PETITIONER(S): APPELLANTS/ACCUSED 1 & 2 -------------------------------------------------------------------- 1. C.K.RAJAMMA, AGED 51 YEARS, W/O.SREEDHARAN, CHEMPOTHINKAL HOUSE, (VELLAPPALLIL), PRESIDENT, MALANADU VANITHA CO-OPERATIVE SOCIETY LTD.NO.1561, ADIMALI, S.N.PADY, ADIMALI P.O., IDUKKI DISTRICT. 2. SHEEJA BIJU, AGED 32 YEARS, W/O.BIJU, CHEMPOTHINKAL HOUSE, VELLAPPALLIL, SECRETARY, MALANADU VANITHA CO-OPERATIVE SOCIETY LTD.NO.1561, ADIMALI, S.N.PADY, ADIMALI P.O., IDUKKI DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): DEFACTO COMPLAINANTS & STATE ------------------------------------------------------------------------------- 1. P.E.VASU, SASTHAMPARAMBIL, MARIYATHURUTHU P.O., KOTTAYAM. 2. MALANADU VANITHA CO-OPERATIVE SOCIETY LTD.NO.1561, ADIMALI, S.N.PADY, ADIMALI P.O., IDUKKI DISTRICT. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1200 of 2011 ==================================== Dated this the 11th day of April, 2011 O R D E R Notice to respondents 1 and 2 is dispensed with since the impugned orders were passed without notice to them, at the time of admission. 2. Petitioners have been convicted in S.T. No.2324 of 2009 of the court of learned Judicial First Class Magistrate-II (Mobile), Kottayam for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment. There is also a direction for deposit of Rupees One lakh (as submitted by learned counsel) as compensation. Petitioners filed Crl. Appeal No.17 of 2011 in the court of learned Sessions Judge, Kottayam and as the learned counsel submits, filed separate petitions - C.M.P. Nos.168 and 907 of 2011 for suspending the sentence on them. Learned Sessions Judge vide Annexures-A1 and A2, orders suspended the sentence on condition that petitioners deposited `25,000/- each within a month from the date of the order. The said condition for deposit is under challenge. Learned counsel submitted that learned Sessions Judge CRL.M.C. No.1200 of 2011 -: 2 :- ought not have imposed such a condition. 3. It is well within the power of learned Sessions Judge to impose condition while suspending sentence. There is no reason to interfere with the condition imposed by the learned Sessions Judge, having regard to the nature of the offence and the object of legislation. 4. The amount involved is Rupees One lakh. Having regard to the circumstances stated by the petitioners it is sufficient that petitioners deposited `15,000/- (Rupees Fifteen thousand only) each in the trial court. Petitioners are granted one month’s time from this day to deposit the amount. Resultantly, Criminal Miscellaneous Case is allowed in part and Annexures-A1 and A2, orders are modified to the extent that petitioners deposited `15000/- (Rupees Fifteen thousand only) each in the trial court within one month from this day. If petitioners have not executed the bail bond as directed by the learned Sessions Judge, they shall execute the same within three weeks from this day subject to deposit of the amount as directed by this Court. THOMAS P. JOSEPH, JUDGE. vsv