IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2160 of 2010() ------------------------- CRA.245/2010 of SESSIONS COURT, KOTTAYAM ST.2874/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KOTTAYAM .................... PETITIONER(S): ACCUSED ---------------------- CHANDU @ SATHEESHKUMAR, KADAYARA VEEDU, TC 42/462, MUKKELAKKAL, VALLAKADAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. S.SAHADEVAN, S/O. SADANAM, KODIMATHA, KOTTAYAM, REPRESENTED BY POWER OF ATTORNEY HOLDER RAJAN, S/O. PARAMU KOCHAPPU, TC 37/597, LAKSHMI NAGAR, THIRUMALA, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2160 of 2010 -------------------------------------- Dated this the 18th day of June, 2010 ORDER Petitioner, who is the accused in S.T.No.2874/2009 on the file of the J.F.C.M Court-I, Kottayam, was convicted in a prosecution under Section 138 of the Negotiable Instrument Act. The cheque amount is Rs.95,000/-. Aggrieved by the conviction and sentence, he has filed an appeal before the Sessions Court, Kottayam as Crl.Appeal No.245/2010. The learned Sessions Judge suspended the sentence on condition that the petitioner should deposit Rs.25,000/- before the trial court within one month from 7.6.2010. It is the said condition which is assailed in this petition. Having regard to the facts and circumstances of the case, I do not think that the discretion exercised by the learned Sessions Judge was not proper. However, I am inclined to grant the petitioner some more time to deposit the amount. Accordingly, the petitioner is given three months time from today as last chance to comply with the interim order of the Sessions Judge. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb