IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3382 of 2008() ------------------------- AGAINST THE ORDER IN CRMP.1577/2005 IN CRA.405/2008 of SESSIONS COURT, KOTTAYAM ST.342/2005 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... PETITIONER: PETITIONER/ACCUSED ------------------------------ SASIMANI.N.V., S/O VELAYUDHAN. R., R.V. BHAVAN, RAMAPURAM BAR P.O. BY ADV. SRI.SURESH JOSE RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- 1. M.P. RAJAN, MARUTHAPATHICKAL HOUSE, PALA 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3382 of 2008 ------------------------------------- Dated this the 4th day of September, 2008 ORDER Petitioner has been found guilty, convicted and sentenced in a prosecution for the offences punishable under Section 138 of the Negotiable Instruments Act. He preferred an appeal. The appeal was admitted. The execution of the sentence was suspended subject to conditions. Inter alia the condition was imposed that the petitioner must pay an amount of Rs.25,000/- within a period of one months. According to the petitioner he is aggrieved by the said condition imposed. 2. What is the grievance ? The counsel does not carefully advance any arguments on merits. I have gone through the impugned judgment. I am unable to agree that the discretion at the time of ordering suspension was not exercised properly. 3. The learned counsel for the petitioner then prays that further time may be granted to make the payment of Crl.M.C. No.3382 of 2008 2 Rs.25,000/-. He is unable to make payment. If insistence were made on such payment, he will have to undergo imprisonment before his appeal is taken up on merits. 4. I take a lenient view and grant the petitioner further time till 15.10.08 to make the payment of Rs.25,000/-. If the petitioner executes the bond, the sentence shall not be executed till 15.10.08. 5. This Crl.M.C is allowed in part to the above extent. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-