IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Crl.MC.No. 1370 of 2011() ------------------------ CRA.91/2011 of SESSIONS COURT, KOLLAM .................... PETITIONER/PETITIONER IN CRMP NO.593/2011 IN CRA NO.91/2011 ------------------------------------- HYRUNNIZA, AGED 37, HIRA MANZIL, THAZHMEL WARD, HOUSE NO.244, ANCHAL PANCHAYATH ANCHAL.P.O., KOLLAM. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT/STATE & RESPONDENT IN CRA NO.91/2011 -------------------------------------------------------- 1. THE SECRETARY, PATHANAPURAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.Q-995, PUNALUR, KOLLAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR : SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------- Crl. M.C. No. 1370 of 2011 ------------------------------------- DATED THIS THE 10th DAY OF MAY 2011 O R D E R Petitioner is the accused in CC No.156/99 on the file of Judicial First Class Magistrate-IV, Punaloor who is the appellant in Crl. Appeal No.91/2011 on the file of the Sessions Court, Kollam. The learned Magistrate convicted the petitioner under Section 138 of the Negotiable Instruments Act and sentenced her to undergo simple imprisonment for a period of 3 months and to pay a fine of Rs.2.3 lakhs in default to undergo imprisonment for 3 months. Petitioner challenged her conviction and sentence in Crl. Appeal No.91/2011 on the file of Sessions Court, Kollam. By the impugned order dated 07-03-2011 in Crl. M.P. No.593/2011 the Sessions Judge suspended the sentence against the petitioner on condition that he permits 1/4th of the fine imposed by the trial court within one month. The petitioner has filed this petition under section 482 of the Cr.PC to quash the order of Sessions Judge dated March 7, 2011 directing her to deposit 1/4th of the fine Crl M.C No.1370/2011 -2- imposed. It is alleged in the petition that the petitioner is an aged lady and is ailing and is without any job that therefore in the interests of justice the impugned order of the Sessions Judge may be quashed. 2. Heard the counsel for the petitioner. He submitted that if some time is granted the petitioner is prepared to deposit the amount as ordered by the Sessions Court and other reliefs sought for in the petition are not pressed. 3. As the petitioner is an aged ailing lady I feel that time can be granted till July 18, 2011 for the petitioner to deposit the amount as ordered by the Sessions Judge in the impugned order dated March 7, 2011. The other reliefs in the petition are rejected. 4. In the result the petition is allowed in part. Time granted till July 18, 2011 for the petitioner to deposit the amount as ordered by the Sessions Judge, Kollam in the impugned order dated March 7, 2011. P.Q. BARKATH ALI, JUDGE AMG