IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Crl.MC.No. 2704 of 2009 --------------------------------- ORDER DATED 24/09/2009 OF THE SESSIONS JUDGE, KOZHIKODE IN CRL. MP 2735/08 IN CRL. A 806/2008. .................... PETITIONER(S): ---------------------- RAJ MOHAN.M.K., AGED 30 YEARS, SON OF LATE RAMAKRISHNAN, MANNARAKANDI, KARIYATHAN KAVU, BALUSSERY, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): ------------------------ 1. P.GANGADHARAN, SON OF CHATHUKUTTY, ELECHETTIANVEEDU, BALUSSERRY AMSOM AND DESOM, KOYILANDY TALUK, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2704 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Petitioner filed Crl.A.No.806/2008 challenging the conviction and sentence. C.M.P.No.2735/2008 was filed to suspend the sentence. Under Annexure-I order dated 24.9.2008, learned Sessions Judge suspended the sentence on depositing Rs.70,000/-, which is 1/5th of the amount covered by the dishonoured cheque. Petitioner did not deposit that amount and the period was got extended. Finally, this petition is filed under Section 482 of Code of Criminal Procedure to grant six months further time to deposit the amount. 2. Learned counsel appearing for the petitioner was heard. 3. Petitioner has already been granted about one year's time to deposit the amount. He is not CRMC 2704/09 2 entitled to ask for further time. If petitioner is not capable of depositing the amount, he is at liberty to approach the Sessions Judge for an early disposal of the appeal. If petitioner deposits the amount within two weeks from today, it will be treated as in compliance with Annexure-I order. If not, Sessions Judge to proceed with the appeal without suspending the sentence. Petition is disposed. 18th August, 2009 (M.Sasidharan Nambiar, Judge) tkv