IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1555 of 2009()
1. MUHAMMED RASHEED,
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY
... Respondent
2. P.N. GOPINATHAN,
For Petitioner :SRI.C.R.SIVAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/05/2009
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C. No. 1555 of 2009
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Dated this the 22nd day of May, 2009.
O R D E R
The petitioner is the accused in C.C.No.150/2006
on the file of Judicial First Class Magistrate Court-II,
Punalur. He was convicted and sentenced to simple
imprisonment for one year and to pay a fine of
Rs.3,33,333/- and in default, simple imprisonment for
6 months more for the offence under Section 138 of
the Negotiable Instruments Act. The petitioner filed
Crl.Appeal No.131/2009 challenging the conviction.
Crl.M.P.No.1038/2009 was filed to suspend the
sentence. Under Annexure 2 order, learned Sessions
Judge suspended the sentence on the petitioner
executing a bond for Rs.25,000/- with 2 solvent
sureties for the like sum and on depositing 1/6th of the
amount covered by the dishonoured cheque within
one month. This petition is filed to quash the
CRL.M.C.No.1555/2009
2
direction to deposit the amount in Annexure 2 order.
2. The learned Counsel appearing for the
petitioner was heard.
3. Though the learned Counsel argued that the
direction to deposit a portion of the cheque amount is
to be quashed, I am not inclined to grant the relief. If
the petitioner is to get the sentence suspended, he
has to deposit the amount as directed by the learned
Sessions Judge. In case petitioner is to raise the
amount, he is permitted to furnish sufficient bank
guarantee or other security to the satisfaction of the
Magistrate within one month.
M.SASIDHARAN NAMBIAR
dkr JUDGE