IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 16355 of 2008(V) -------------------------- AGAINST THE ORDER DATED 29/03/2008 IN CRMP 571/08 IN CRA.164/2008 of ADDL.SESSIONS JUDGE - II, MAVELIKKARA ST.188/2006 of J.M.F.C., HARIPAD .................... PETITIONER: NAME AND ADRESS OF THE PETITIONER --------------------------------------------- LEKSHMI, W/O.NARAYANAN, VRINDAVANAMHOUSE CHEPPAD MURI, CHEPPAD VILLAGE. BY ADV. SRI.A.SHAFEEK RESPONDENTS: NAME AND ADRESS OF THE RESPONDENTS ----------------------------------------------- 1. MANMADHAN, S/O.MADHAVAN, KADAVIL PUTHUVALIL VEEDU, MUTHUKULAM, THEKKUM MURI, ARATTUPUZHA VILLAGE. 2. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.16355 of 2008 ------------------------------------- Dated this the 3rd day of June, 2008 JUDGMENT Petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. The petitioner preferred an appeal before the Sessions Court. The appeal was admitted. On her application, the execution of the sentence was suspended subject to conditions. The petitioner is aggrieved by one of those conditions which obliges her to deposit an amount of Rs.1 lakh within a period of 3 months from 29.03.08. 2. The learned counsel for the petitioner submits that the petitioner is impecunious. If insistence were made on deposit of the amount of Rs.1 lakh as condition for suspension, it would deprive the petitioner of her right to challenge the conviction and sentence in appeal. She will have to suffer the punishment even before her appeal is disposed of. 3. The learned counsel for the petitioner, in these circumstances, prays that the condition for deposit of Rs.1 lakh within a period of 3 months may be set aside. W.P(C). No.16355 of 2008 2 4. I have heard the learned counsel for the petitioner. I find no reason to dispense with the said condition altogether. The learned counsel for the petitioner offers to deposit the amount of Rs.30,000/- within a period of one monts from this date. I am satisfied that the request of the petitioner can be accepted in part and appropriate directions can be issued. 5. In the result, this Writ Petition is allowed in part. The petitioner shall be granted time till 03.7.08 to pay an amount of Rs.30,000/- (Rupees Thirty thousand only) and further time till 4.8.08 to pay the balance amount of Rs.70,000/- (Rupees Seventy thousand only). If the petitioner is not able to pay the said amount of Rs.70,000/- by 04.8.08, the petitioner shall, on or before 3.7.08, make request to the learned Sessions Judge for expeditious out of turn disposal of the appeal preferred by her and thereupon the learned Sessions Judge shall dispose of the appeal itself by 04.8.08. In that event, the deposit of the balance amount shall not be insisted till disposal. Compliance shall be reported to this Court by the learned Sessions Judge. (R.BASANT, JUDGE) rtr/- W.P(C). No.16355 of 2008 3