IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Crl.MC.No. 725 of 2011() ------------------------ CRL.M.P.5468/2010 IN CRA.678/2010 of SESSIONS COURT, ERNAKULAM .................... PETITIONER(S)/PETITIONER/APPELLANT: --------------- S.SAHJITHA, W/O.SHAJI,SHARMILY BUILDING,1ST FLOOR, TR/G-20,ERANJIPALAM, KOZHIKODE, NOW RESIDING AT NO-14,1ST CROSS,B.T.M.1ST STATE, 22ND MAIN, BANGALORE-29 BY ADV. SRI.SUNNY MATHEW RESPONDENT(S)/RESPONDENT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.725 of 2011 -------------------------------------- Dated this the 9th day of March, 2011. ORDER Petitioner was convicted and sentenced for offence punishable under Section 138 of the Negotiable Instruments Act. He filed Crl.Appeal No.678 of 2010 before the learned Sessions Judge, Ernakulam challenging the said conviction and sentence. He filed Crl.M.P.No.5468 of 2010 for suspension of sentence. Learned Sessions Judge allowed the application subject to condition that petitioner shall deposit `.6,500/- in the trial court within three months from date of the order. That time expired by 22.02.2011. Petitioner says that on account of orthopedic problem, he could not come from Bangalore where he is working and comply with the condition. Petitioner therefore seeks time for deposit of the amount and to execute the bond. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. Having regard to the circumstances stated by learned counsel I am inclined to grant time. Crl.MC No.725/2011 2 Resultantly this petition is allowed and petitioner is granted time till 01.04.2011 to comply with the condition for deposit of the amount and execute bond as ordered by the learned Sessions Judge in the order dated 23.11.2010 on Crl.M.P.No.5468 of 2010. THOMAS P.JOSEPH, Judge. cks