Petitioner is the accused in S.T.No.228 of 2008 on the file of Judicial First Class Magistrate Court-II, Ottapalam. He was tried for an offence under Section 138 of the Negotiable Instruments Act. The trial court convicted the petitioner. Against the said judgment, he preferred an appeal before the learned Sessions Judge, Palakkad. As per the order in Crl.M.P.No.903 of 2014 in Crl.Appeal No.123 of 2014 the learned Sessions Judge directed the petitioner to deposit `50,000/- in the lower court within one month. The said orders reads as follows:
“Heard. Sentence stands suspended and bail stands granted to the petitioner on his executing bond for `30,000/- (Rupees Thirty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Judicial First Class Magistrate-II, Ottapalam and also on making a deposit of `50,000/- (Rupees Fifty Thousand only) in the lower court within one month.”
Crl.MC No.2601/2014 2 Petitioner is aggrieved by the condition imposed by the learned Sessions Judge that he should deposit `50,000/- in the lower court within a period of one month.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.
3. I am satisfied that the order passed by the learned Sessions Judge directing the petitioner to deposit `50,000/- is unjustifiably onerous, especially when the matter is pending in appeal before the Sessions Court. Therefore, the condition in the impugned order directing the petitioner to deposit `50,000/- before the lower court within one month is deleted.
Crl.M.C. is allowed to that extent.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD, JUDGE.
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