The petitioner herein is the appellant in Crl.A No.445/2014 before the Court of Session, Ernakulam. It is an appeal challenging the conviction and sentence under Section 138 of the Negotiable Instruments Act. As a condition for suspension of sentence the learned Sessions Judge directed the appellant to make deposit of ₹40,000/- as fraction of the fine amount. The petitioner is aggrieved by the said condition. It is submitted that the total fine amount is ₹1,70,000/-. I do not think that the condition imposed by the appellate court is irrational or unreasonable. I find no scope for interference on the condition imposed by the appellate court.
2. Now the learned counsel for the petitioner submits that the petitioner has already made an application before the appellate court for modification of the condition. If so, it will suffice that the said application is judiciously considered and disposed of by the appellate court. Till appropriate decision is taken by the court below on Crl.M.P Crl.M.C No.6743 of 2014 2 No.2955/2014 for modification of condition, enforcement of the impugned condition will stand suspended.
With these observations this Criminal Miscellaneous Case is closed.
P.UBAID JUDGE ab