IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Crl.MC.No. 911 of 2008() ------------------------ CRL.M.P.NO. 353/2008 IN CRA.661/2007 of ADDL.SESSIONS COURT, KOZHIKODE .................... PETITIONER: APPELLANT --------------------------- PAVITHRAN, S/O.RAVIDRAN, RESIDING AT PAVITHRAM, MANNARKKUNNU HOUSE, MARIKUNNU KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: RESPONDENT AND STATE ------------------------------------------------ 1. MOHAMMED ABDULLA, S/O.P.K.MUHAMMED RESIDING AT P.K. HOUSE, THALANCHERY PARAMBA KALLAI, KOZHIKODE. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 911 of 2008 ========================== Dated this the 6th day of March, 2008. O R D E R The petitioner, who was convicted under Section 138 of the Negotiable Instruments Act, 1881 involving a total amount of Rs.30,000/-, preferred an appeal before the Sessions Court, Kozhikode. As per interim order dated 18.08.2007, the Sessions Court suspended the sentence, inter alia, on condition that the petitioner deposits a sum of Rs.6000/- before the trial court within two months from that date. The petitioner filed an application before the Sessions Court for extension of time to deposit the amount fixed by the Sessions Judge. That petition was dismissed. Hence this Crl.M.C. 2. Having regard to the fact that altogether 10 cheques have been issued by the petitioner to cover a total liability of Rs.1,00,000/- and having further regard to the circumstances highlighted by the petitioner, I am inclined to grant one month's time from today to deposit the sum of Rs. 6000/- before the trial court. In case the petitioner makes the deposit within the extended time, the sentence as suspended initially shall continue to be suspended till the disposal of the criminal appeal. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv