IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Crl.MC.No. 1901 of 2009 ------------------------- CR.A.468/2006 of I ADDL. SESSIONS COURT, KOLLAM CC.375/1995 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... PETITIONER(S): ACCUSED ---------------------- V.F.SOUNDAR RAJAN AGED 47 YEARS, S/O.BHALGUNA PANIKER RESIDING AT T.C. 8/1147 (2) MYTHRI NAAR, VALIYAVILA, THIRUMALA P.O.THIRUVANANTHAPURAM. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): --------------- 1. STATE OF KERALA AND ANOTHER, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. M.SHAMSUDEEN, PALLATTU VEEDU PALACKAL MURI, THEVALAKKARA VILLAGE. BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1901 of 2009 ================== Dated this the 10th day of June, 2009. O R D E R Petitioner is convicted for an offence under Section 138 of Negotiable Instruments Act in C.C.No.375/1995 on the file of Judicial First Class Magistrate Court-I, Sasthamcotta. Petitioner challenged the conviction in Crl.Appeal No.468/2006 before Sessions Court, Kollam. Petitioner sought suspension of sentence by filing Crl.M.P.No.4397/2006. Learned Additional Sessions Judge suspended the sentence on condition that petitioner shall deposit Rs.15,000/- before the Magistrate within 15 days. Petitioner did not deposit the amount. Consequently, the Magistrate took steps to execute the sentence, as there is no suspension of sentence. This petition is filed under Section 482 of Code of Criminal Procedure to permit the Crl.M.C.No.1901/2009 -2- petitioner to deposit the amount or in the alternative to direct Sessions Court, Kollam to pass orders in Annexure A2 petition filed for extension of time. 2. Execution of sentence was suspended as per Annexure A1 order on deposit of Rs.15,000/-. According to the petitioner he could not deposit that amount because of his Cardiac illness. In such circumstances if the petitioner deposits the amount within seven days from today it will be treated as in compliance with Annexure A1 order. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE dkr