IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1470 of 2011() ------------------------------------ AGAINST THE ORDER DATED 23/11/2010 IN CRMP.3321/2010 IN CRA.NO. 530/2010 of SESSIONS COURT, ALAPPUZHA .................... PETITIONER(S): PETITIONER/APPELLANT ------------------------------------------------------------- G.VENU, SECRETARY, SNDP BRANCH NO.4073, KALATHIPALAM, KARUMADI P.O., AMBALAPUZHA, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT(S): PETITIONERS/RESPONDENTS ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THRESSIAMMA JOSEPH, W/O. LATE M.C.JOSEPH, AGED 50 YEARS, MATTATHIL HOUSE, PUNNAPRA VILLAGE, AMBALAPUZHA, ALAPPUZHA-688 561. R1 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1470 of 2011 --------------------------------------- Dated this 24th day of May, 2011 ORDER Petitioner challenges Annexure-A2, order dated 13.10.2010 on C.M.P.No.2899 of 2010 in Crl.Appeal.No.530 of 2010 of the Court of learned Sessions Judge, Alappuzha. In that appeal, petitioner challenged his conviction under Sec.138 of the Negotiable Instruments Act and sentence to undergo simple imprisonment for three months and payment of compensation for `.3,50,000/-. Petitioner filed C.M.P.No.2899 of 2010 and sought suspension of sentence. Learned Sessions Judge as per Annexure-A2, order suspended sentence subject to certain conditions among other things that petitioner shall deposit ½ of the amount of compensation within one month from the date of the order. That order is under challenge. Learned counsel submitted that petitioner is unable to deposit the amount as directed by the learned Sessions Judge. At any rate, two months further time is requested for deposit of the amount. I have heard learned Public Prosecutor also. 2. It is seen that subsequent to Annexure-A2, order petitioner filed C.M.P.No.3321 of 2010 and obtained extension of Crl.M.C.No.1470 of 2011 -: 2 :- time for deposit of the amount till 23.12.2010 by Annexure-A3, order. The extended time expired by 23.12.2010. For about 5 months, petitioner did not move. It is thereafter that on 23.05.2011 this criminal miscellaneous case is filed challenging Annexure-A2, order. I am not inclined to interfere in the above circumstances. 3. Learned counsel argued much about the financial difficulties of petitioner. Having regard to the circumstances stated I am inclined to grant one months' further time from this day for deposit of the amount as ordered by the learned Sessions Judge in Annexure-A2, order. Resultantly this criminal miscellaneous case is disposed of granting petitioner one months' further time from this day to comply with the direction for deposit in Annexure-A2, order. (THOMAS P JOSEPH, JUDGE) Sbna/-