IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 4425 of 2008() ------------------------- ST.1640/2006 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM .................... PETITIONER/ACCUSED: --------------------------------- L.C. NIRMALA, JYOTHIS PAUL NAGAR, ERANHIPALAM P.O. KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE: ------------------------------------------------------- 1. REEJA S. W/O. RAMESH BABU VALAYAM AMSOM, VADAKARA TALUK 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4425 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2008 O R D E R The petitioner, a woman, has been found guilty, convicted and sentenced in a prosecution under section 138 of the N.I. Act. She preferred an appeal. The sentence was suspended subject to conditions. Inter alia a condition was imposed that the petitioner must deposit an amount of Rs.50,000/- before the court below. That order was passed on 22.5.08 and the deposit was to be made within two weeks. Later, time was extended and the petitioner was granted time till 15.9.2008 to comply with the conditions. The petitioner has now come to this court with this petition on 17.11.2008 for further extension of time. 2. Queried specifically, the learned counsel for the petitioner submits that the petitioner shall show her bonafides by depositing part of the amount directed to be deposited straight away and shall deposit the balance amount within such time as may be stipulated by this Court. Crl.M.C.No. 4425 of 2008 2 3. I am satisfied that this Crl.M.C. can be allowed and further extension of time granted to the petitioner subject to very specific terms and conditions. 4. This Crl.M.C. is accordingly allowed. The petitioner shall have time till 18.1.2009 to pay the balance amount on condition that the petitioner deposits an amount of Rs.15,000/- before the court below on or before 1.12.2008. It is made clear that the petitioner shall not be entitled to seek any further extension of time. If the petitioner is unable to make the deposit, she shall appear before the court concerned on 19.1.2009 for execution of the sentence. (R. BASANT) Judge tm