IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Crl.MC.No. 4322 of 2008() ------------------------- ST.2485/2007 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... PETITIONER(S): APPELLANT/ACCUSED: --------------------------------- SOOCY GEORGE ISSAC, AGED 65 YEARS, W/O.GEORGE ISSAC, PALATHINKAL HOUSE, T.B.ROAD, KOTTAYAM-1. BY ADV. SRI.JOSEKUTTY MATHEW RESPONDENT(S): STATE/COMPLAINANT: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. M/S.THURUTHIYIL BANKERS, VETTOOR BUILDINGS, T.B.ROAD, KOTTAYAM REPRESENTED BY T.P.PHILIPOSE, THURUTHAYIL, CHAMPAKULAM, KUTTANADU VILLAGE. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4322 of 2008 ---------------------------------------- Dated this the 13th day of November 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. The cheque is for an amount of about 1.6 lakhs. The petitioner preferred an appeal. The appeal was admitted. Execution of the sentence was suspended subject to conditions. Inter alia the condition imposed is that the petitioner must deposit an amount of Rs.75,000/- within a period of one month from 23/10/2008. The petitioner has come to this court aggrieved by the said direction. 2. I am unable to agree that the discretion to suspend the sentence subject to the condition of deposit of part of the amount is unjustified. However, I take note of the submission of the learned counsel for the petitioner that the petitioner deserves to be granted further time to make the deposit. 3. In the result, this Crl.M.C is allowed in part. The petitioner shall have time till 31/12/2008 to deposit the entire balance amount on condition that the petitioner deposits an amount of Rs.25,000/- on or before 23/11/2008. (R.BASANT, JUDGE) jsr Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008