N.Asokan vs K.Nagentran on 4 October, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4027 of 2010()


1. N.ASOKAN, S/O. CINE NARAYANAN,
                      ...  Petitioner

                        Vs



1. K.NAGENTRAN, PARADISE LRA NO.134,
                       ...       Respondent

                For Petitioner  :SRI.S.SOMAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :04/10/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
             ---------------------------------------------
                CRL.M.C.NO.4027 OF 2010
             ---------------------------------------------
              Dated        4th    October, 2010


                            O R D E R

Petitioner, the accused in

S.T.66/2009 on the file of Judicial First Class

Magistrate’s Court-III, Kollam was convicted

and sentenced for the offence under Section 138

of Negotiable Instruments Act. Petitioner

challenged the conviction and sentence before

Sessions Court, Kollam in Crl.A.322/2010. He

sought suspension of the sentence by filing

Crl.M.P.1930/2010. By Annexure-I order learned

Sessions Judge suspended the sentence on

conditions. Aggrieved by the direction to remit

1/5th of the compensation amount, this petition

is filed.

2. Learned counsel appearing for the

petitioner was heard.

Crmc 4027/10
2

3. Argument of the learned counsel

appearing for the petitioner is that due to the

financial conditions of the petitioner, he is

not in a position to deposit the amount.

Therefore, the condition to deposit is to be

deleted or in the alternative, learned Sessions

Judge is to be directed to dispose the appeal

expeditiously.

4. When the sentence sought to be

suspended includes compensation, that too for

an offence under Section 138 of Negotiable

Instruments Act, learned Sessions Judge was

justified in directing the petitioner to

deposit a portion of the compensation amount,

for suspending the sentence. I find no

illegality warranting interference. Time fixed

to deposit the amount was subsequently extended

by Annexure-II order, by the learned Sessions

Crmc 4027/10
3

Judge. If petitioner is not in a position to

deposit the amount, appeal is to be heard

without suspending the sentence. It is upto the

petitioner to approach the learned Sessions

Judge for expeditious disposal. If such an

application is filed, learned Sessions Judge to

dispose the appeal expeditiously.

Petition is dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.