IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3584 of 2008() ------------------------- AGAINST THE ORDER DATED 12/06/2008 IN CRA 425/2008 IN CRMP.2167/2008 of SESSIONS COURT, THRISSUR .................... PETITIONER(S): ACCUSED NO.3 ---------------------- SIVADASAN, S/O.KUTTAPPAN, IDAVANAPARAMBIL HOUSE, THEKKUMKARA VILLAGE, KONATHUKUNNU DESOM, MUKUNDAPURAM TALUK, THRISSUR DT. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.PRAISHEEL PRAKASAM SRI.T.PRAVEEN MT.BEATRICE FERIA RESPONDENTS(S): COMPLAINANTS ---------------------------- 1. JAMAL, S/O.KUNJUMARAKKAR KOYALIPARAMBIL HOUSE, LOKAMALESWARAM VILLAGE, KODUNGALLOR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3584 of 2008 ---------------------------------------- Dated this the 24th day of September 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 Rs.3,00,000/-. He preferred an appeal. The appeal was admitted. The sentence was suspended subject to conditions inter alia that he must deposit an amount of Rs.50,000/- within a period of three months. When the time for payment is about to expire, he has come to this court to challenge the said condition imposed. 2. Even the judgment of the court below has not been produced and there is nothing to show that the discretion has not been exercised properly by the appellate Judge, the learned counsel for the petitioner prays that some further time may be given to the petitioner to make the payment and settle the case also. 3. I am, in these circumstances, satisfied that the petitioner can be granted some further time to make the Crl.M.C.No.3584/08 2 payment. The petitioner is not entitled for any other relief in this Crl.M.C. 4. In the result, a) This Crl.M.C is allowed in part. b) If the petitioner deposits an amount of Rs.15,000/- straight away, that is within a period of seven days from this date before the learned Magistrate, the petitioner shall have further time till 15/11/2008 to remit the balance amount. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3584/08 3 Crl.M.C.No.3584/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008