IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Crl.MC.No. 1904 of 2011() ------------------------------- AGAINST THE ORDER DATED 25/04/2011 IN CMP 1216/2011 IN CRA.100/2011 of SESSIONS COURT, KALPETTA .................... PETITIONER(S): PETITIONERLAPPELLANTLACCUSED -------------------------------------------------------------- JOSE K.AUGUSTIN,AGED 56 YEARS, KOLEKUNNIL HOUSE,NILAMBUR POST, MALAPPURAM DISTRICT. BY ADVS. SRI.T.K.SAIDALIKUTTY SRI.ZIYAD RAHMAN SRI.BIJU MARTIN RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------------------------- 1. C.AHAMMED,S/O.BEERANKUTTY,TIMBER MERCHANT,CHALIL HOUSE,KALPETTA POST, WAYANAD DISTRICT-673121. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO.1904/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPYOF THE ORDER OF THE JUDICIAL FIRST CLASS MAGISTRATE, KALPATTA DATED 04/11/2010 IN CMP.NOS.533/2010, 534/2010 AND 535/2010. ANNEXURE A2:COPY OF THE COMMON JUDGMENT PASSED BY THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, KALPATTA DATED 25/03/2011 IN C.C. 180 OF 2009, 181 OF 2009, 183 OF 2009, 185 OF 2009, 186 OF 2009, AND 187 OF 2009. ANNEXURE A3:COPY OF THE ORDER PASSED BY THE COURT OF THE SESSIONS JUDGE, WAYANAD, KALPATTA IN CRIMINAL MISCELLANEOUS PETITION NO.1216 OF 2011 IN CRL.APPEAL NO.100 OF 2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1904 of 2011 ==================================== Dated this the 24th day of June, 2011 O R D E R Petitioner faced trial in six cases in the court of learned Judicial First Class Magistrate, Kalpetta for offence punishable under Section 138 of the Negotiable Instruments Act. Total amount covered by the cheques in question is `45 lakhs for which it is stated that petitioner issued the six cheques for `7.5 lakhs each. Learned Magistrate convicted petitioner and sentenced him to undergo simple imprisonment for one year and payment of compensation of `7.5 lakhs in each case. Petitioner challenged his conviction and sentence in Crl. Appeal No.100 of 2011 in the court of learned Sessions Judge, Wayanad at Kalpetta and filed Crl.M.P. No.1216 of 2011 for suspension of sentence. Learned Sessions Judge suspended the sentence subject to conditions including that petitioner shall deposit `50,000/- in each case on or before 04.7.2011. That condition is under challenge. Learned counsel argued that on account of financial difficulty petitioner is not able to raise the said amount and requested that at any rate petitioner may be granted six months further time to deposit the amount. 2. I am not inclined to think that direction for deposit of CRL.M.C. No. 1904 of 2011 -: 2 :- the amount `3,00,000/- altogether, out of `45 lakhs) is exorbitant to call for interference. But having regard to the difficulties expressed by petitioner I am inclined to grant one month's further time from 04.07.2011 to deposit the amount as directed by learned Sessions Judge. Resultantly Criminal Miscellaneous Case is disposed of granting petitioner one month's further time from 04.07.2011 to deposit the amount as directed by the learned Sessions Judge, Wayand in the order dated 25.04.2011 on Crl.M.P. No.1216 of 2011. Petitioner shall execute the bond as directed by the learned Sessions Judge within two weeks from this day subject to deposit of the amount within the time granted hereby. THOMAS P. JOSEPH, JUDGE. vsv