High Court Kerala High Court

Rajendran.P.K. vs K.N.Muraleedharan on 21 October, 2010

Kerala High Court
Rajendran.P.K. vs K.N.Muraleedharan on 21 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4278 of 2010()


1. RAJENDRAN.P.K., AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. K.N.MURALEEDHARAN,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED

                For Petitioner  :SRI.S.SANAL KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :21/10/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.

            ---------------------------------------------
             CRL.M.C.NO.4278 OF 2010
            ---------------------------------------------
             Dated       21st      October, 2010


                           O R D E R

Petitioner was convicted and

sentenced for the offence under Section 138 of

Negotiable Instruments Act in C.C.371/2007 on

the file of Judicial First Class Magistrate’s

Court-I, Cherthala. Crl.A.486/2010 was filed

before Sessions Court, Alappuzha challenging

the conviction and sentence. By Annexure-A2

order, the sentence was suspended on

conditions. One of the conditions was to

deposit Rs.50,000/- being part of the

compensation awarded, within one month. This

petition is filed to quash that condition.

2. Learned counsel appearing for the

petitioner was heard.

3. When the sentence sought to be

Crmc 4278/10 2

suspended includes compensation, the direction

in Annexure-A2 order to deposit a portion of

the compensation amount cannot be said to be

illegal. Therefore, I cannot agree with the

argument of the learned counsel that the said

condition is to be quashed. Learned counsel

then submitted that two months time may be

granted to deposit the amount, as the

petitioner has applied for a loan. If

extension of time is needed, petitioner has to

approach the learned Sessions Judge. If an

application is filed, learned Sessions Judge to

pass appropriate order in accordance with law.

Petition is disposed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.