IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3580 of 2010()
1. VIJAYALAKSHMI,
... Petitioner
Vs
1. TRANSWORLD HIRE PURCHASE INDIAN LIMITED,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.B.MOHANLAL
For Respondent : No Appearance
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :27/08/2010
O R D E R
P.S.GOPINATHAN, J.
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Crl.M.C.No.3580 OF 2010
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Dated this the 27th day of August, 2010
O R D E R
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The petitioner was convicted by the Judicial Magistrate of
the First Class-III, Kollam, in S.T.No.46/2009 for offence
punishable under Section 138 of the Negotiable Instrument Act
and sentenced to undergo simple imprisonment for six months
and to pay Rs.3,86,000/- as compensation to the 1st respondent
who prosecuted the revision petitioner before the trial court.
Feeling aggrieved, he preferred Criminal Appeal No.326/2010
before the Sessions Judge, Kollam along with an application for
suspending the sentence. The learned Sessions Judge while
allowing the application to suspend the sentence, imposed the
condition that the petitioner shall execute a bond for Rs.35,000/-
with two solvent sureties each for the like amount and to
deposit 1/4th of the compensation amount. Aggrieved by the
condition directing the petitioner to deposit 1/4th of the
compensation amount, this petition was filed.
Crl.M.C.No.3580/2010 2
2. Having heard the learned counsel for the petitioner, I
find that the condition imposed is not at all harsh. Neither it is
unjust. On the other hand it is quite appropriate. In the above
circumstances, I find no merit in this petition. Accordingly, the
petition is dismissed. However, the petitioner is granted one
month’s time to deposit the amount mentioned in the order
impugned.
(P.S.GOPINATHAN, JUDGE)
ps