BINDU KRISHNA DAS Vs. P. ASHOK KUMAR

JUDGEMENT

(1.) Petitioner is accused in CC No. 96 of 2009 of the Court of learned Judicial First Class Magistrate-II, Vaikom. She was convicted for offence punishable under Sec. 11 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one year and payment of fine of Rs. 3 lakhs. She challenged conviction and sentence in Criminal Appeal No. 191 of 2011 and moved Criminal MP No. 1776 of 2011 for suspension of sentence. By Annexure-I, order dated June 2, 2011 learned Sessions Judge, Kottayam suspended the sentence subject to conditions including that petitioner shall deposit Rs. 75,000.00 in the Trial Court within one month. That condition is under challenge. Learned counsel submits that due to financial difficulties petitioner is not able to deposit the amount ordered by learned Sessions Judge. Learned counsel pointed out that petitioner has not even a residence of her own.

(2.) The Trial Court has found that petitioner borrowed Rs. 3 lakhs and executed cheque for the discharge of that liability. It is within the power of learned Sessions Judge to impose condition while suspending sentence. But having regard to the financial difficulties of petitioner stated by learned counsel, I am inclined to modify the amount to be deposited as Rs. 60,000.00. Petitioner will get two months further time to deposit the amount.

(3.) The criminal miscellaneous case is disposed of in the following lines :