IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4494 of 2010()
1. SUMAYYA, W/O.SIYAD, NAVAS MANZIL,
... Petitioner
Vs
1. RIYAS, THAYILPADINJATTATHIL,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :11/11/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C No.4494 OF 2010
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Dated this the 11th day of November, 2010.
O R D E R
petitioner was convicted for the offence under Section 138 of
the Negotiable Instruments Act. She filed Criminal Appeal No.457 of
2010 before Sessions Court, Kollam. By Annexure-I order sentence
was suspended on conditions. Petition is filed under Section 482 of
code of Criminal Procedure to delete the condition to deposit one
fourth of the compensation before the Magistrate.
2. Learned counsel appear for petitioner was heard.
When the sentence sought to be suspended included
compensation, learned Sessions Judge was justified in directing the
petitioner to deposit a portion of the compensation to suspend the
sentence. Learned Sessions judge directed to deposit only one fourth
of the compensation. Hence, I find no reason to interfere with the said
direction. If petitioner is not in a position to deposit that amount she is
at liberty to approach the learned Sessions Judge to dispose of the
appeal expeditiously. If such a petition is filed learned, learned
Sessions Judge shall dispose of the appeal expeditiously.
M.SASIDHARAN NAMBIAR, JUDGE
mns