N. HENRY Vs. VIJAYA KUMAR

JUDGEMENT

(1.) The petitioner approaches this Court with a prayer to modify the order passed in Crl.M.P.No.2664 of 2010 dated 06.08.2010 in respect of the direction to deposit Rs. 100000/- on the file of the Court of Sessions Kanyakumari District at Nagercoil.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner was convicted in C.C.No.80 of 1999 on the file of the Judicial Magistrate Padmanabhapuram where the Judicial Magistrate found guilty of the accused for the offence under Section 138 of Negotiable Instrument Act and convicted and sentenced him to undergo two years rigorous imprisonment and to pay a fine of Rs. 200000/- in default to undergo 6 months simple imprisonment.

(3.) The learned counsel appearing for the petitioner would further submit that the petitioner being aggrieved by the order of the Judicial Magistrate has filed a appeal in C.A.No.48 of 2010 along with a petition in Crl.M.P.No.2664 of 2010 to suspend the sentence imposed on the petitioner in C.C.No.80 of 1999 till the disposal of the appeal before the Court of Sessions Kanyakumari District at Nagercoil where the Sessions Judge allowed the petition and suspended the sentence on condition that the petitioner shall deposit 50% of the fine amount before the trial Court on or before 14.08.2010 against which the petitioner has come forward with the present application and he prayed for the allowing of the petition.