IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 521 of 2011() ----------------------------- CRA.415/2010 of SESSIONS COURT, KOLLAM .................... PETITIONER(S): APPELLANT/ACCUSED ---------------------------------------------- RADHAKRISHNAN V.J. ,S/O.JANARDHANAN PILLAI,ALUVILA EDUCATION TRUST,,EDAYADI, POOTHAKULAM,PARAVOOR,KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------- 1. THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ROBERT XAVIER,AS POWER OF ATTORNEY HOLDER OF LANCY FERNANDEZ,S/O. XAVIER,KADAPPURAM PUTHENVAYIL, NEAR GAFFIL CLUB, THEKKUMBHAGAM (PO),ERAVIPURAM, KOLLAM DISTRICT. 3. LANCY FERNANDEZ,MAC DALE, THAMARAKKULAM (PO)A,KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.K.J.MUHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.521 of 2011 -------------------------------------- Dated this the 4th day of March, 2011. ORDER Petitioner is appellant in Crl.Appeal No.415 of 2010 of the court of learned Sessions Judge, Kollam. Petitioner challenged his conviction and sentence for offence punishable under Section 138 of the Negotiable Instruments Act. Learned Sessions Judge directed petitioner to deposit 1/5th of the amount of compensation ordered by the trial court. Petitioner challenged that order in this Court in Crl.M.C.No.4406 of 2010 and this Court by Annexure-3, order dated November 3, 2010 refused to interfere. However considering the request of petitioner, this Court was inclined to grant further time for deposit of the amount as ordered by the learned Sessions Judge. Petitioner has not deposited the amount within the extended time also. Now petitioner wants a modification of the condition so that petitioner would execute bond for the said amount. There is also a request for direction for early disposal of the Crl.Appeal. Learned counsel for petitioner has made a fervent plea for modification of the order under challenge. It is stated that on account of the financial difficulties petitioner is unable to make the deposit. Crl.MC No.521/2011 2 2. Request made by petitioner cannot be entertained. By Annexure- 3, order this Court has confirmed the order of learned Sessions Judge. No question of modification of the order therefore arises. Petitioner has to comply with that order. Petition is dismissed. THOMAS P.JOSEPH, Judge. cks