The petitioner herein is aggrieved by one of the conditions imposed by the learned 1st Additional Sessions Judge, Ernakulam for suspension of his sentence, under Sections 389(1) of the Code of Criminal Procedure. On conviction under Section 138 of the Negotiable Instruments Act, the trial court sentenced him to undergo simple imprisonment for four months, and he was also directed to pay a compensation of ₹5,00,000/- to the complainant under Section 357(3) of the Code of Criminal Procedure. In appeal brought by him as Crl.A No.414/2014, the learned 1st Additional Sessions Judge, granted suspension of sentence as per order dated 30.8.2014 in Crl.M.P No.2383/2014 on a condition that an amount of ₹1,00,000/- (1/5th of the total compensation due) shall be deposited by the petitioner, besides executing bond with two sureties. The petitioner is aggrieved by the said condition.
2. On hearing the learned counsel, and on a perusal of the impugned judgment, I find that the condition Crl.M.C No.6245 of 2014 2 imposed by the appellate court is quite reasonable. The cheque amount involved is ₹5,00,000/-, and the amount of compensation ordered by the trial court is also ₹5,00,000/-. In such a situation, it is only appropriate that a fraction of the compensation is ordered to be deposited as a condition for suspension of sentence. What the appellate court did is right, and I find no reason to interfere. However, in the interest of justice, the petitioner can be granted some more time to make deposit.
In the result, this Criminal Miscellaneous Case is dismissed. However, the time granted to the petitioner by the appellate court for making deposit will stand extended till 30.11.2014 in the interest of justice.
P.UBAID JUDGE ab