IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4278 of 2010()
1. RAJENDRAN.P.K., AGED 43 YEARS,
... Petitioner
Vs
1. K.N.MURALEEDHARAN,
... Respondent
2. STATE OF KERALA REPRESENTED
For Petitioner :SRI.S.SANAL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4278 OF 2010
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Dated 21st October, 2010
O R D E R
Petitioner was convicted and
sentenced for the offence under Section 138 of
Negotiable Instruments Act in C.C.371/2007 on
the file of Judicial First Class Magistrate’s
Court-I, Cherthala. Crl.A.486/2010 was filed
before Sessions Court, Alappuzha challenging
the conviction and sentence. By Annexure-A2
order, the sentence was suspended on
conditions. One of the conditions was to
deposit Rs.50,000/- being part of the
compensation awarded, within one month. This
petition is filed to quash that condition.
2. Learned counsel appearing for the
petitioner was heard.
3. When the sentence sought to be
Crmc 4278/10 2
suspended includes compensation, the direction
in Annexure-A2 order to deposit a portion of
the compensation amount cannot be said to be
illegal. Therefore, I cannot agree with the
argument of the learned counsel that the said
condition is to be quashed. Learned counsel
then submitted that two months time may be
granted to deposit the amount, as the
petitioner has applied for a loan. If
extension of time is needed, petitioner has to
approach the learned Sessions Judge. If an
application is filed, learned Sessions Judge to
pass appropriate order in accordance with law.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.