IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 244 of 2010()
1. KRISHNARAJU, AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :25/01/2010
O R D E R
P. BHAVADASAN, J.
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Crl.M.C. No. 244 of 2010
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Dated this the 25th day of January, 2010.
ORDER
Petitioner was prosecuted for the offence
punishable under Section 138 of Negotiable Instruments Act.
He was found guilty. He was therefore convicted and
sentenced to suffer simple imprisonment for three months and
to pay a fine of of Rs.Two Lakhs, in default of which, he had
to undergo simple imprisonment for one month. Petitioner
preferred an appeal against the trial court judgment. The
appellate court while considering the petition under Section
389(1) of Crl.P.C. directed the petitioner to execute a bond
forRs.One Lakh with two solvent sureties for the like sum each
to the satisfaction of the Judicial Magistrate of First Class,
Wadakkancherry and also to deposit a sum of Rs.35,000/-
before the court below within a period of three months.
Crl.M.C.244/2010. 2
2. According to the petitioner, the court below should
not have ordered him to deposit Rs.35,000/-, which according to
him is an onerous condition.
3. There can be no dispute regarding the fact that the
appellate court is empowered to impose conditions on the basis of
the circumstance of each case. The court below has exercised its
discretion. There is nothing to show that the discretion has been
wrongly exercised by the appellate court, so as to warrant
interference by this court. There is nothing to show that the
condition imposed is so onerous, which almost amount to declining
bail.
Considering the various aspects, there is no merit in this
petition. However, the petitioner is granted one month’s time to
deposit the amount as directed by the court below.
P. BHAVADASAN,
JUDGE
sb.