IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2664 of 2009()
1. V.M.ASHARAF, AGED 30 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. SHRIRAM INVESTMENTS LTD.,
For Petitioner :SRI.ANIL GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :24/08/2009
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C.No. 2664 of 2009
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Dated this the 24th day of August, 2009
O R D E R
Petitioner was convicted and sentenced for the offence under
section 138 of the Negotiable Instruments Act by Judicial First Class
Magistrate Court-II, Kollam. Petitioner challenged the conviction and
sentence in Crl.A.No.263 of 2009. Crl.M.P.No.2105 of 2009 was filed in
the appeal to suspend the sentence. As per Anneuxre-A1 order, the sentence
was suspended on condition of deposit of 1/5th of the cheque amount. This
petition is filed to quash the said condition.
2. Learned counsel appearing for the petitioner was heard.
3. The sentence sought to be suspended is simple imprisonment for
four months and compensation of Rs.4,85,000/- with a default sentence of
simple imprisonment for four months. Considering the compensation
awarded, learned Sessions Judge was justified in directing 1/5th of the
cheque amount to be deposited for suspending the sentence. I find no
reason to interfere with the impugned order. If the petitioner is not in a
position to deposit the same, he is at liberty to seek an early disposal of the
Crl.M.C.No.2664/09 2
appeal. If he deposits the amount within two weeks from today, it will be
treated as in compliance of Annexure-A1 order.
This petition is dismissed with the above observations.
M.SASIDHARAN NAMBIAR,
JUDGE.
mn.