IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Crl.MC.No. 4310 of 2011() ------------------------- AGAINST THE ORDER DATED 28/11/2011 IN CRMP.3073/2011 IN CRA.413/2011 of SESSIONS COURT, KOLLAM .................... PETITIONER(S): PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------------------------- PUSHPA D., 182, RAJ BHAVAN, THATTAMALA P.O., KOLLAM. BY ADV. SMT.C.G.PREETHA RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE. ---------------------------------------------------------------------------------- 1. M/S.SREE GOKULAM CHIT & FINANCE CO.(P) LTD., HAVING ITS HEAD OFFICE AT SREE GOKULAM TOWERS NO.66 (O.NO.365) ACROT ROAD, CHENNAI-600024 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVES REMANAN. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. R2 BY PUBLIC PROSECUTOR SMT JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SKV Crl.MC.No. 4310 of 2011() APPENDIX PETITIONER'S ANNEXURE'S: ANNEXURE A1: COPY OF THE ORDER DATED 28.11.2011 IN CRLM.P.NO.3073/2011 IN CRL.APPEAL NO.413/2011 PASSED BY THE SESSIONS JUDGE, KOLLAM RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE SKV N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4310 of 2011 ------------------------------------------ Dated this the 16th day of December, 2011 ORDER Petitioner was convicted by the learned Magistrate for offences punishable under Section 138 of the Negotiable instruments Act. Considering the amount covered by the cheque, she was directed to pay Rs.16,08,090/- as compensation. While ordering suspension of sentence, the learned Magistrate directed the petitioner to deposit Rs.2,50,000/- within 4 weeks from the date of the order. The order was passed on 28.11.11. The counsel for the petitioner submits that the petitioner was only a surety to the transactions in which her husband was a subscriber of the chitty run by the complainant company. Her husband is now suffering from paralysis and so she is not in a position to raise any amount to pay the compensation. The learned counsel submits that the condition is onerous and so it may Crl.M.C.No. 4310 of 2011 -: 2 :- be set aside. The condition regarding the deposit of Rs.2,50,000/- is modified as follows:- The petitioner will deposit Rs.50,000/- (Rupees Fifty thousand only) within one month from today and another Rs.50,000/- (Rupees Fifty thousand only) within two months from that day and another Rs.50,000/- (Rupees Fifty thousand only) within two months from that day. N.K. BALAKRISHNAN, JUDGE. smvd