IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1741 of 2009()
1. K.J.JOS, S/O. KANNATHUKUZHI JOSEPH,
... Petitioner
Vs
1. K.K.ANTONY, S/O. KUNJI VAREED,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.N.K.MOHANLAL
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :01/06/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.1741 OF 2009
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Dated 1st June 2009
O R D E R
Petitioner was convicted for the offence
under Section 138 of Negotiable Instruments Act. He
challenged the conviction before Sessions court,
Thrissur in Crl.A.57/2009. Crl.M.P.456/2009 was filed
to suspend the sentence. Under Annexure-A2 order
learned Sessions Judge suspended the sentence on
condition that petitioner shall execute a bond with
two solvent sureties for Rs.1,50,000/- and also on
deposit of Rs.40,000/- within three months. This
petition is filed under Section 482 of Code of
Criminal Procedure to quash the condition to deposit
money contending that petitioner is not in a position
to deposit the amount and learned Sessions Judge
should not have imposed such a condition.
2. Learned counsel appearing for petitioner
was heard.
3. On hearing the learned counsel, I do
not find any illegality in Annexure-A2 order
CRMC 1741/09 2
warranting interference on the direction to deposit
portion of the cheque amount. Dishonoured cheque is for
Rs.2,82,000/-. Petitioner was found guilty. The
conviction and sentence are challenged before learned
Sessions Judge. In such circumstances, direction to
deposit Rs.40,000/- as condition to suspend the sentence
cannot be said to be illegal or unwarranted. Learned
counsel appearing for petitioner submitted that as the
time expired, one month time may be granted to comply
with the condition. Petitioner is granted one month’s
time from today to comply with the condition. If case
of the petitioner is that he is not financially sound
to deposit the amount, he is at liberty to move the
Sessions court to dispose the appeal at the earliest.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.