IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH JANUARY 2007 / 22ND PAUSHA 1928 Crl.MC.No. 966 of 2006() ------------------------ CRA.88/2006 of SESSIONS COURT, KOLLAM CMP.1015/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER/ACCUSED: ------------------------------- N. RAMACHANDRAN, RATHEESH BHAVAN, PAVITHRESWARAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAMSUDEEN, PEEDIKAYIL HOUSE, THRIKKADAVOOR, ANCHALUMMODU, KOLLAM. R2 BY ADV. SRI.C.R.SIVAKUMAR R1 BY PUBLIC PROSECUTORSRI.THOMAS JOHN AMBOOKEN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/01/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 966 of 2006 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2007 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act. He preferred an appeal. The learned Sessions Judge, by order dt. 23.2.2006, directed suspension, inter alia, on condition that the petitioner must deposit an amount of Rs.50,000/- The petitioner could not deposit the amount and came to this Court challenging the said order. 2. At the time of admission of this Crl.M.C., another Bench of this Court directed stay, on the modified condition that the petitioner deposits an amount of Rs.30,000/- on or before 29.6.2006. The amount has not been paid, nor has the sentence been executed so far. The short prayer of the learned counsel for the petitioner now is that some further time may be granted to the petitioner to pay the amount and claim suspension of sentence. I am satisfied that appropriate direction can be issued. 3. The petitioner shall have time till 12.2.2007 to pay the amount of Rs.50,000/- as directed by the learned Sessions Judge. If Crl.M.C.No. 966 of 2006 2 the petitioner is not able to make the payment, the petitioner shall request the learned Sessions Judge to dispose of the appeal also by filing an application within ten days from this date. In that event, the learned Sessions Judge must proceed to dispose of the appeal itself expeditiously, within a period of one month. 4. This Crl.M.C. is accordingly allowed in part. (R. BASANT) Judge tm