IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 1091 of 2010 ---------------------------------- (CRL.MP.NO. 178/10 IN CRL.A.NO.31/2010 OF SESSIONS COURT, KOLLAM, C.C. NO.288/05 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR) .................... PETITIONER/ACCUSED: ---------------------------------- CHANDRIKA, AGED 51 YEARS, CHANDRIKA BHAVAN (PRIYANKA), PALLIMON, CHATHANNUR, KOLLAM DISTRICT. BY ADVS. MR.O.D.SIVADAS, MR.S.SHAJI. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. SANTHOSH, AGED 42, S/O.THANKAPPAN, KOYIPADAM, CHATHANNOOR, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1091 OF 2010 ------------------------------------------ Dated 29th March 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Petitioner filed Crl.A.31/2010 challenging the conviction and sentence. Crl.M.P.178/2010 was filed to suspend the sentence. By Annexure-A1 order, sentence was suspended on conditions. One of the condition was to deposit 1/5th portion of the amount covered by the cheque within one month. Petition is filed to grant three months' time to comply with the condition. 2. Annexure-A1 order was passed as early as 22/1/2010. When the sentence for an offence under Section 138 of Negotiable Instruments Act is sought to be Crmc 1091/10 2 suspended, learned Sessions Judge was justified in directing the petitioner to deposit a portion of the amount. Even though order was passed on 22/1/2010, petitioner did not remit that amount so far, in spite of the direction that it should be deposited within one month. In such circumstances, I find no reason to grant further time as prayed for. Still if the petitioner deposits the amount within ten days from today it will be treated as within time. If petitioner is not in a position to deposit the amount, she approach the learned Sessions Judge to dispose the appeal expeditiously. If a request is made learned Sessions Judge to dispose the appeal expeditiously. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.