IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Crl.MC.No. 237 of 2008() ------------------------ CRA.226/2007 of SESSIONS COURT, THALASSERY .................... PETITIONER: APPELLANT/ACCUSED: ------------------------------ A.V.GOVINDANKUTTY, S/O.LATE C.GOVINDAN NAMBIAR, AGED 44, SATHYALAYAM, TALAP, KANNUR. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS: ------------- 1. DR.VINEESH MUKUNDAN, S/O.LATE MUKUNDAN, AGED 34, "ANUGRAH", THANA, KANNUR. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, THALASSERY. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 237 of 2008 * * * * * * * * * * * * * * * * * * Dated: 7-2-2008 ORDER The petitioner who was convicted by the J.F.C.M. I, Kannur for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 6.5 lakhs, filed an appeal before the Sessions Court, Thalassery as Crl. Appeal No. 226 of 2007. As a condition for suspending the sentence, the lower appellate court directed him to deposit a sum of Rs. 50,000/- before the trial court within two months of the said order. It is the said condition which is assailed in this case. 2. Having regard to the total cheque amount, I do not consider the direction to deposit the amount of Rs. 50,000/- to be an onerous condition. However, having regard to the fact that the petitioners are involved in two other cases of similar nature, I am inclined to granted further time to deposit the said amount. Accordingly the petitioner is granted further time of two months from today to deposit the sum ordered by the learned Sessions Judge, Thalassery in C.M.P. No. 5226 of 2007. Crl.M.C. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.