High Court Kerala High Court

K.K.Swaminathan vs State Of Kerala on 28 July, 2010

Kerala High Court
K.K.Swaminathan vs State Of Kerala on 28 July, 2010
       

  

  

 
 
  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.
              -------------------------------------
             Crl.M.C. No.2995 OF 2010
             --------------------------------------
         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