IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2995 of 2010()
1. K.K.SWAMINATHAN, VIDHYA BHAVAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. P.RAJU, PULANAPPALLIL HOUSE,
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :28/07/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No.2995 OF 2010
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Dated this the 28th day of July, 2010
ORDER
The sentence imposed on the petitioner, the accused
in S.T.No.2626/2009 by the J.F.C.M Court-II, (Mobile)
Kottayam in a prosecution under Section 138 of the
Negotiable Instrument Act 1881 involving a cheque for
Rs.18,04,000/- was suspended by the Additional Sessions
Court, Kottayam in Crl.Appeal No.227/2010 directing him
to execute a bond for Rs.1,25,000/- with two solvent
sureties and to deposit Rs.3,00,000/- before the trial court
within two months of 28.5.2010. It is the said condition
which is assailed in this Criminal M.C.
2. Considering the cheque amount, I do not think
that the direction to deposit Rs.3,00,000/- is an arbitrary
or onerous condition. I am, however, inclined to grant the
petitioner some more time to deposit the amount.
Likewise, the bond amount of Rs.1,25,000/- is on the
higher side. Accordingly, Annexure A2 order dated
Crl.M.C. No. 2995 OF 2010
: 2 :
28.5.2010 in CMP.No.1534/2010 in Crl.Appeal
No.227/2010 on the file of the Additional Sessions Court,
Kottayam is modified reducing the amount to Rs.15,000/-
and granting the petitioner three more months time from
today to deposit the sum of Rs.3,00,000/-.
This Criminal M.C is disposed of as above.
V.RAMKUMAR, JUDGE
dmb