ZUBAIR ALI HAJI MOIDU Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act involving a cheque for Rs. 92,000/- has preferred an appeal before the Sessions court, Thrissur as Crl. Appeal No. 78/09. While suspending the sentence the learned Sessions Judge has, inter alia, directed him to deposit a sum of Rs. 15,000/- before the trial court within three months. The said condition is assailed as onerous. I cannot agree with the petitioner. It is within the power of the appellate court while suspending the sentence to direct the appellant to deposit a part of the cheque amount. The petitioner was given three months' time also to deposit the said amount. I see no illegality in the order dated 06. 02. 09 passed by the learned Sessions Judge. This Crl. M. C is accordingly dismissed. However, the petitioner is given two months' time from today as a last chance to deposit the said amount.