IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2230 of 2009()
1. P.T.SHAJIKUMAR, AGED 42,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SECRETARY, PATHANAPURAM PRIMARY
For Petitioner :SRI.ALAN PAPALI
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :09/07/2009
O R D E R
M.Sasidharan Nambiar, J.
--------------------------
Crl.M.C.No.2230 of 2009
--------------------------
ORDER
Petitioner was convicted and sentenced for the
offence under Section 138 of Negotiable Instruments
Act. He challenged the conviction and sentence
before Sessions Court, Kollam in Crl.A.No.174/2009.
Crl.M.P.No.1404/2009 was filed in the appeal for
suspension of sentence. As per Annexure-I order
dated 23.5.2009 sentence was suspended on executing
bond for Rs.10,000/- with two solvent sureties each
for the like sum and also on deposit of
Rs.20,000/-, which is part of the compensation
granted by the Magistrate. This petition is filed
under Section 482 of Code of Criminal Procedure to
quash the direction to deposit Rs.20,000/-
contending that learned Sessions Judge was not
justified in directing to deposit a portion of the
compensation amount, which was challenged in
appeal.
CRMC 2030/09 2
2. Learned counsel appearing for the petitioner
was heard.
3. Though learned counsel vehemently argued
that learned Sessions Judge should not have
directed petitioner to deposit Rs.20,000/-, which
is part of the compensation amount challenged in
the appeal, I cannot agree with the submission that
the direction is illegal. If the petitioner wanted
to get the relief, he has to deposit the amount as
directed by the Sessions Judge. Learned counsel
then submitted that petitioner may be granted time
to deposit the amount.
4. Petition is disposed. Petitioner is
granted one month’s time from today to deposit the
amount as ordered by the Sessions Judge in order
dated 23.5.2009 in Crl.M.P.No.1404/2009.
9th July, 2009 (M.Sasidharan Nambiar, Judge)
tkv