IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 Crl.MC.No. 2469 of 2008() ------------------------- AGAINST THE ORDER DATED 26/05/2008 IN CRMP 1276/08 IN CRA.328/2008 of SESSIONS COURT, KOTTAYAM .................... PETITIONER: (APPELLANT IN THE SESSIONS COURT) --------------------------------------------- TOM VARGHESE, MOOLAYIL HOUSE, PUTHENCHANTHA, VAKATHANAM. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENTS: RESPONDENTS ------------------------ 1. JACOB K.KURIEN, S/O.K.K.KURIEN, KAYYALATHU HOUSE, PATHAMUTTOM P.O. 2. STATE OF KERALA, REPRESENTED BY PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2469 of 2008 ---------------------------------------- Dated this the 1st day of July 2008 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. To cut a long story short, the petitioner was eventually found guilty, convicted and sentenced. He preferred an appeal. The cheque is for Rs.4,00,000/- The appellate court - the court of Session, Kottayam admitted the appeal; but directed suspension of sentence on condition that the petitioner deposits an amount of Rs.20,000/-. According to the petitioner he is absolutely innocent. He is unable to raise an amount of Rs.20,000/-. If insistence were made on deposit of the amount, it would virtually deprive the petitioner of the opportunity to contest the proceedings. In these circumstances, it is prayed that the condition of deposit may be dispensed with. 2. I have considered the matter in detail. I find absolutely nothing wrong in the direction issued by the learned Sessions Judge that an amount of Rs.20,000/- must be deposited as condition for suspension of sentence. The learned counsel for Crl.M.C.No.2469/08 2 the petitioner submits that the petitioner is unable to raise that amount. I am satisfied that he can be granted one month's time from today, that is till 02/08/2008 to pay the first instalment of Rs.10,000/- and a further period of one month that is till 01/09/2008 to pay the balance amount. If the petitioner is unable to raise the latter instalment of Rs.10,000/- he may, while remitting the amount on 02/08/2008 request the learned Sessions Judge for an out of turn expeditious disposal of the appeal and thereupon the learned Sessions Judge must ensure that the appeal is itself disposed of by 01/09/2008. 3. This Crl.M.C is allowed in part to the above extent. (R.BASANT, JUDGE) jsr Crl.M.C.No.2469/08 3 Crl.M.C.No.2469/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007