IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 4134 of 2008() ------------------------- AGAINST THE ORDER DATED 23/09/2008 IN CRA.772/2008 CRMP.4306/2008 IN CRA.772/2008 of SESSIONS COURT, ERNAKULAM .................... PETITIONER(S): --------------- M.J.TOMY, MANAGING PARTNER, METRO TRADERS, METRO BAZAR, ANGAMALY 683 572, BY ADV. SRI.WILSON URMESE RESPONDENT(S): --------------- 1. M/S.FASHION FABRICS, POST OFFICE LINK ROAD, BROADWAY, ERNAKLAM, A REGISTERED PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER DEEPAK N. PUPAREL. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4134 of 2008 ------------------------------------------------- Dated this the 3rd day of November, 2008 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the Negotiable Instruments Act. He preferred an appeal. The appeal was admitted and the sentence was suspended subject to conditions, inter alia, that the petitioner must deposit an amount of Rs.1 lakh within a period of 6 weeks. That period has elapsed. The petitioner has now come to this Court with a prayer that the said condition may be set aside, the same being unnecessarily onerous. 2. There is nothing available before me to show that the discretion was not exercised properly by the learned appellate Judge. Not even a copy of the judgment of correction has been produced before me to advance a contention that the discretion was not exercised correctly. Crl.M.C. No. 4134 of 2008 -: 2 :- The learned counsel for the petitioner finally submits that the petitioner may be given some further time to make the payment and avoid the consequence of he being sent to prison before his appeal is taken up for consideration. I am satisfied that further time can be granted. 3. In the result: (a) This Crl.M.C. is allowed. (b) The petitioner is granted time till 15/11/08 to pay an amount of Rs.25,000/- and further time till 31/12/08 to pay the entire balance amount. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4134 of 2008 -: 3 :-