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Siyad Khan vs State of Kerala and A. Basheerkutty

High Court Of Kerala · Decided on 25 November 2010 · Citation: (2010) 11 KL CK 0103

HON’BLE JUDGES
Sasidharan Nambiar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Negotiable Instruments Act, 1881 (NI) — Section 138
CASE NUMBER
Criminal MC. No. 4641 of 2010
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Judgment

4 paragraphs · 239 words

M. Sasidharan Nambiar, J.—Petitioner was convicted and sentenced for the offence u/s 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 u/s 482 of Code of Criminal Procedure to quash the condition in Annexure 2 order to deposit 1/5th of the fine amount.

2.

Learned Counsel appearing for the Petitioner was heard.

3.

When a sentence for the offence u/s 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.