IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Crl.MC.No. 358 of 2011() ------------------------ CRL.MP NO.2398/2010 IN CRL.APPEAL NO.488/2010 OF SESSIONS COURT, ERNAKULAM ST NO.156/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, ERNAKULAM PETITIONER(S): PETITIONER/APPELLANT/ACCUSED ------------------------------------------- NITHA SURENDRAN, PROPRIETOR, M/S.MANGAT TILES DEPOT, KUREEKKAD P.O. THIRUVANKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.M.G.DEVIPRASADAN RESPONDENT(S): RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------------------- 1. M/S.REGMA CERAMICS LIMITED, 1103/A 50 AS ELFANS BUILDING, EDAPPALLY RAILWAY STATION ROAD, EDAPPALLY, ELAMAKKARA, COCHIN, REPRESENTED BY MR.PHILIP KURUVILLA, S/O.LATE K.I.KURUVILLA, SR.REGIONAL MANAGER, PIN - 682026. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682 031. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.358 of 2011 -------------------------------------- Dated this the 8th day of February, 2011. ORDER In view of the order I propose to pass on this petition notice to respondent No.1 is dispensed with. 2. Petitioner suffered conviction and sentence for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”) in S.T.No.156 of 2007 of the court of learned Judicial First Class Magistrate-IV, Kochi. Sentence was to undergo imprisonment for three years and deposit fine of `.14,50,000/-. It was directed that the fine if realised will be paid to respondent No.1 as compensation under Section 357(1) of the Code of Criminal Procedure (for short, “the Code”). Petitioner preferred an appeal before the learned Sessions Judge, Ernakulam as Crl.Appeal No.488 of 2010 and filed Crl.M.P.No.2398 of 2010 to suspend the sentence. Learned Sessions Judge vide Annexure-A3, order dated August 19, 2010 suspended the sentence on condition that petitioner deposited Rupees two lakhs in the trial court within a period of three months from the said day. It is seen from Annexure-4, order that later petitioner got extention of time till 20.01.2011. 3. In this petition petitioner requests further extention of time. It is stated that petitioner is arranging to dispose of his property and raise the necessary amount. Annexure-A6 is the agreement for sale produced by Crl.MC No.358/2011 2 petitioner to prove that contention. Learned counsel requested three months' time for deposit of the amount. Having regard to the circumstance I am inclined to grant time. Resultantly this petition is disposed of extending the time for deposit of the amount ordered by the learned Sessions Judge for a period of three months from 20.01.2011. THOMAS P.JOSEPH, Judge. cks