IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3097 of 2009()
1. P.M. HASSANKUTTY, PROPRIETOR,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
2. N.N. DIVAKARAN, S/O. P.K. NARAYANAN,
For Petitioner :SMT.RUBY K.JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :24/09/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO. 3097 OF 2009
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Dated 24th September 2009
O R D E R
Petitioner was convicted and sentenced for
the offence under Section 138 of Negotiable
Instruments Act. Sentence includes a direction to pay
compensation of Rs.2,00,000/-. Petitioner filed
Crl.A.354/2009 before Sessions court, Kottayam and
also filed Crl.M.P.1868/2009 to suspend the sentence.
Learned Additional Sessions Judge while suspending
the sentence directed the petitioner to deposit
Rs.50,000/- within two months as a condition. This
petition is filed to delete the said condition.
2. Learned counsel appearing for petitioner
was heard.
3. Argument of the learned counsel is that
petitioner is not in a position to deposit Rs.50,000/-
and when there is every chance of reversal of the
conviction, learned Sessions Judge is not justified
in directing the petitioner to deposit Rs.50,000/-.
Learned counsel appearing for petitioner submitted
CRMC 3097/09
2
that if petitioner is to deposit a portion of the
amount, leniency may be shown.
4. On hearing the learned counsel, I find no
reason to interfere with Annexure-A3 order. When cheque
is for Rs.2,00,000/- and the sentence sought to be
suspended includesz compensation of Rs.2,00,000/-,
learned Sessions is justified in directing to deposit
Rs.50,000/- for suspending the sentence. If the
petitioner is not in a position to deposit the same, he
is at liberty to approach the learned Sessions Judge to
dispose the appeal expeditiously. If such a petition is
filed, Sessions Judge is to dispose the appeal
expeditiously.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.