A.M.Muhammed Yusuf vs Victory Press Ltd. on 17 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4091 of 2009()


1. A.M.MUHAMMED YUSUF,
                      ...  Petitioner

                        Vs



1. VICTORY PRESS LTD., REP.BY ITS
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.K.SUBASH CHANDRA BOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :17/12/2009

 O R D E R
                     M. SASIDHARAN NAMBIAR, J.
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                        Crl.M.C. No. 4091 of 2009
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                 Dated this the 17th day of December, 2009

                                 O R D E R

Petitioner was convicted and sentenced for an offence punishable

under section 138 of the Negotiable Instruments Act by the trial court. He

filed Crl.A.No. 683 of 2009 before Sessions Court, Thrissur, challenging his

conviction and sentence. Crl.M.P. No.4256 of 2009 was filed in the appeal,

to suspend the sentence. By Annexure-II order dated 18-9-2009 learned

Sessions Judge suspended the sentence on condition of depositing

Rs.30,000/- before the trial court, within three months from the date of the

order. This petition is filed under section 482 Cr.P.C. to quash the said

condition.

2. Learned counsel appearing for the petitioner was heard.

3. The petitioner was sentenced to pay a fine of Rs.3,00,000/- by the

trial court. The learned Sessions Judge was justified in directing a portion of

the fine, to suspend the sentence. The learned Sessions Judge has only

directed the petitioner to deposit 1/10th. of the fine amount. In such

circumstances, I find no reason to interfere with that order. The learned

Sessions Judge has also granted three months time to deposit the amount. If

the petitioner is not in a position to deposit the amount, he is at liberty to

approach the learned Sessions Judge to dispose of the appeal expeditiously,

without suspending the sentence. If such an application is filed to dispose of

the appeal, learned Sessions Judge to dispose of the appeal expeditiously.

Crl.MC.4091/09 2

The petitioner is granted three weeks’ further time from today to deposit the

amount .

This petition is disposed of as above.

M.SASIDHARAN NAMBIAR,
JUDGE.

Mn.