IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3098 of 2010()
1. JOSEPH ABRAHAM,
... Petitioner
Vs
1. KUNCHERIA JOHN, AGED 49,
... Respondent
2. STATE OF KERALA, REP. BY
For Petitioner :SRI.JOSEPH GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/08/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No.3098 OF 2010
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Dated this the 2nd day of August, 2010
ORDER
Petitioner, who was the accused in
C.C.No.530/2008 on the file of the J.F.C.M Court,
Ramamkari, which was a prosecution under Section 138 of
the Negotiable Instruments Act involving a cheque for
Rs.1,03,500/- was convicted by the Magistrate. Aggrieved
by the above conviction and sentence, he has preferred
Crl.Appeal No.325/2010 before the Sessions Court,
Alappuzha. As per Annexure A order dated 23.6.2010, the
learned Sessions Judge suspended the sentence on
condition that the petitioner deposits before the trial court
Rs.50,000/- towards the fine. It is the said order which is
assailed in this Criminal M.C.
2. Considering the fact that the lower appellate
court has not directed the petitioner to execute a bond
and considering the further fact that the amount directed
to be deposited towards fine is on the higher side,
Crl.M.C. No. 3098 OF 2010
: 2 :
Annexure A order passed in CMP.No.1801/200 by the
Sessions Court is modified as follows:-
Execution of the sentence imposed by the trial
court shall stand suspended on condition that the
petitioner executes a bond for Rs.10,000/- with two
solvent sureties each for the like amount to the
satisfaction of the J.F.C.M Court, Ramamkari and on
depositing before the trial court a sum of Rs.30,000/-
towards the compensation amount within one month from
today. This Criminal M.C is disposed of as above.
V.RAMKUMAR, JUDGE
dmb