Jayakumar vs State of Kerala and Pramod R.

Thomas P. Joseph, J.—Petitioner has suffered conviction and sentence to undergo imprisonment for one month and payment of compensation of Rs. 70,000/- for offence punishable u/s 138 of the Negotiable Instruments Act, in S.T. No. 376 of 2009 of the Court of learned Judicial First Class Magistrate-IV, Kollam. He challenged the conviction and sentence in Crl. Appeal. No. 151 of 2011 in the Sessions Court, Kollam and moved Crl.M.P. No. 1045 of 2011 for suspension of that sentence. Learned Sessions Judge by Annexure-2, order dated 19.04.2011 suspended the sentence on condition, among other things that Petitioner should deposit 1/5th of the amount of compensation within one month from the date of order. In this criminal miscellaneous case Petitioner challenges that direction and at any rate seeks extension of time for deposit of the amount. I have heard learned Counsel for Petitioner and the learned Public Prosecutor.

It is within the power of learned Sessions Judge to impose condition while suspending sentence. Nor am I inclined to think that the amount directed to be deposited is excessive. For, it comes only to 1/5th of the amount of compensation (i.e. Rs. 14,000/-). Hence no interference is required with the direction for deposit. However having regard to the difficulties of Petitioner stated by learned Counsel I am inclined to grant three weeks'' further time for deposit of the amount.

Resultantly this criminal miscellaneous case is disposed of granting Petitioner three weeks'' further time from this day to deposit the amount as directed by learned Sessions Judge in Annexure-2, order. Petitioner shall execute bail bond within two weeks from this day subject to the condition of deposit of amount within the time granted hereby.