IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Crl.MC.No. 25 of 2011() ----------------------- CRA.715/2010 of SESSIONS COURT, KOZHIKODE .................... PETITIONER/APPELLANT: ------------------------- SCARIA ABRAHAM, S/O.ABRAHAM, KANIPARAMBIL HOUSE, VILANGAD P.O., VELLIYOD AMSOM DESOM, VADAKARA TALUK, KOZHIKODE. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT/RESPONDENTS/STATE: --------------- 1. AHAMMED HAJI.E.K., S/O.PAKRAN, PERUVANNUR HOUSE, IYYAMKODE AMSOM KAKKATTIL DESOM, KALLACHI P.O., KOZHIKODE-673 506. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: ADV. SRI. K J MOHAMMED ANSARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.25 of 2011 --------------------------------------- Dated this 11th day of January, 2011 ORDER Petitioner was convicted for offence punishable under Sec.138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment till rising of the court, payment of fine of Rupees One Lakh and in default of payment, to undergo simple imprisonment for six months. Petitioner filed Crl.A.No.715 of 2010 in the court of learned Additional Sessions Judge, Kozhikode challenging the conviction and sentence. Learned Additional Sessions Judge suspended the sentence on condition that petitioner deposited 10% of the amount of fine stipulating time for deposit of the amount. Petitioner later filed C.M.P.No.3314 of 2010 for modification of the condition as 5% of the fine amount and seeking extension of time by two months. Learned Additional Sessions Judge dismissed the application. Hence this petition under Sec.482 of the Code of Criminal Procedure. At the time of hearing learned counsel confined his plea to the grant of one month's further time to deposit 10% of the fine amount as ordered by the learned Additional Sessions Judge. Learned counsel submits that petitioner is not able to raise Crl.M.C.No.25 of 2011 -: 2 :- the entire amount immediately. Having regard to the facts and circumstances of the case I am inclined to allow the petition. Resultantly this petition is allowed granting one months' further time from this day to the petitioner to deposit the amount as directed by the learned Additional Sessions Judge . (THOMAS P JOSEPH, JUDGE) Sbna/-