VIJAYAKUMAR HENTRY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the appellant in Crl. Appeal No.112 of 2021 in which he challenged the conviction and sentence imposed on him, in a proceeding under Section 138 of the Negotiable Instruments Act. The court below in Crl.M.P. No.654 of 2021 suspended the sentence on condition that he shall execute a bond for a sum of Rs.3,00,000/- (Rupees Three lakhs only) with two solvent sureties and on a further condition that the petitioner shall submit a sum of Rs.3,00,000/- (Rupees Three lakhs only) before the court below within two months from that date.

(2.) The grievance of the petitioner is confined to the direction to deposit a sum of Rs.3,00,000/- (Rupees Three lakhs only) before the court below.

(3.) Though the learned Counsel for the petitioner assailed the order on various legal grounds, I do not find any illegality or infirmity in the order passed by the court below. However, considering the fact that the order is passed in the first appeal and also that the petitioner has raised some contention on the competence of the complainant and also considering the existing pandemic situation, I am inclined to grant some breathing time to the petitioner with a direction to deposit a sum of Rs.1,00,000/- (Rupees One lakh only) to modify the impugned order.