IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1681 of 2009()
1. SUCHITRA R.BABU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. S.DEVAKUMARY,
For Petitioner :SRI.MANOJ P.KUNJACHAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :23/05/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO. 1681 OF 2009
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Dated 23rd May 2009
O R D E R
Petitioner was convicted for the offence
under Section 138 of Negotiable Instruments Act in
C.C.392/2006 by Judicial First Class Magistrate-I,
Mavelikara. Petitioner challenged the conviction and
sentence in Crl.A.94/2009 before Additional Sessions
court, Mavelikara. C.M.P.209/2009 was filed for
suspension of the sentence. As per Annexure-A order
sentence was suspended on condition of executing a
bond for Rs.50,000/- with two solvent sureties and
also on deposit of Rs.50,000/- within three months
from the date of the order. This petition is filed
under Section 482 of Code of Criminal Procedure to
quash the direction to deposit Rs.50,000/- contending
that the said direction is illegal.
2. Learned counsel appearing for petitioner was
heard.
3. On hearing the learned counsel I do not find
any reason to interfere with the direction to deposit
CRMC 1681/09
2
portion of the amount covered by the dishonoured cheque
which was for Rs.6,00,000/-. Petitioner is granted two
months further time to deposit in cash as directed under
Annexure A order. If petitioner is not in a position to
deposit the amount, he is at liberty to move the
Sessions court to dispose the appeal before expiry of
that period.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.