IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.MC.No. 4143 of 2011() ------------------------- CRA.395/2010 of SESSIONS COURT, THALASSERY .................... PETITIONER(S)/APPELLANT/ACCUSED :- ----------------------------------------------------------- DILEEPAN P.V., AGED 30 YEARS, S/O.GOPALAN NAMBIAR, LAKSHMI NIVAS, IRINAVU P.O., IRINAVU, CHERIAKUNNU VIA, KANNUR. BY ADV. SRI.L.RAJESH NARAYAN SRI.I.DINESH MENON RESPONDENT(S)/COMPLAINANT :- -------------------------------------------------- 1. M/S.SHRIRAM INVESTMENTS LTD., KANNUR BRANCH REPRESENTED BY ITS SENIOR FIELD OFFICER AND P.A.HOLDER MATHEW ABRAHAM, 35 YEARS, PARANGOTE, PALLIKULAM, CHIRAKKAL, KANNUR-670011. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No. 4143 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A :- Copy of the appeal with delay petition. Annexure B :- Copy of the order dated 2.42011 in Crl.Appeal No.395/2010. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4143 of 2011 ----------------------------------- Dated this the 3rd day of December 2011 O R D E R Petitioner was convicted by the learned Magistrate for offence punishable under Sec.138 of the N.I.Act. The cheque in question was stated to be for Rs.1,54,000/-. Appeal was filed before the Sessions Court challenging the conviction and sentence passed against him. There was a delay of 667 days, the learned counsel submits. However, the learned Sessions Judge allowed that petition, but on condition that petitioner should deposit Rs.25,000/-. That condition was not complied with. Hence his petition for condonation of delay was dismissed by the learned Sessions Judge on 2.4.2011. The learned counsel submits that petitioner was arrested on 25.11.2011 in execution of the sentence passed by the learned Magistrate in S.T.C.No.1547/2006 and since then he has been in jail. The Crl.M.C. No.4143 of 2011 -: 2 :- case was of the year 2006. Admittedly, the petitioner did not pay any amount towards the cheque amount payable by him. 2. The learned counsel submits that the sentence awarded by the learned Magistrate is S.I. for one month and compensation of Rs.1,54,000/-. Now, the learned counsel submits that the petitioner is ready to pay/deposit some amount. Considering all the aspects, this Crl.M.C. is disposed of with the following directions :- Petitioner shall deposit Rs.75,000/- before the learned Magistrate on any day within one month from today. On deposit of the said amount, the learned Magistrate will order release of the petitioner on further condition of his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate. On production of the receipt of the deposit of Rs.25,000/- as stated above, the learned Sessions Judge will Crl.M.C. No.4143 of 2011 -: 3 :- re-consider the application for condonation of delay in filing the appeal but only after hearing the complainant/first respondent herein. N.K.BALAKRISHNAN, JUDGE. Jvt