Siyad Khan vs State Of Kerala on 25 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4641 of 2010()


1. SIYAD KHAN, S/O.SALIM KHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. A.BASHEERKUTTY, S/O.AHAMMED ALI,

                For Petitioner  :SRI.V.PHILIP MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :25/11/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No.4641    OF 2010
          ===========================

   Dated this the 25th day of November,2010

                     ORDER

Petitioner was convicted and sentenced for

the offence under section 138 of Negotiable

Instruments Act. He filed Crl.Appeal 370/2010

before the Sessions Court, Kollam. In the

appeal Crl.M.P.2264/2010 was filed to suspend

the sentence. By Annexure 2 order, sentence

was suspended on condition of executing a bond

and depositing 1/5th of the fine amount within

one month. Petitioner did not deposit that

amount and filed Crl.M.P.103/2010 for extension

of time. By Annexure 4 order, time was

extended till 22.10.2010. Petitioner did not

deposit the amount even within the extended

period. This petition is filed under section

482 of Code of Criminal Procedure to quash the

condition in Annexure 2 order to deposit 1/5th

Crl.M.C.4641/2010 2

of the fine amount.

2. Learned counsel appearing for the

petitioner was heard.

3. When a sentence for the offence under

section 138 of Negotiable Instruments Act is to be

suspended, learned Sessions Judge is justified in

directing the appellant to deposit a portion of the

amount covered by the cheque. Learned Sessions

Judge directed petitioner to deposit only 1/5th

of the fine. In such circumstances, I find no

reason to quash the condition as sought for.

4. If petitioner is not in a position to

deposit the amount as directed by the learned

Sessions Judge, he is at liberty to approach the

learned Sessions Judge to dispose the appeal

expeditiously. If such an application is filed,

learned Sessions Judge to dispose the appeal

expeditiously.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006