IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Crl.MC.No. 3549 of 2008() ------------------------- AGAINST THE ORDER DATED 11/08/2008 IN CRMP 925/2008 IN CRA.369/2008 of ADDL.SESSIONS COURT,-I, MAVELIKKARA .................... PETITIONER: APPELLANT/ACCUSED ------------ THAMPAN THOMAS, S/O.MATHAI THOMAS, ANJILIVILAYIL PUTHENVEEDU, VARENNIKKAL EAST, THEKKEKKARA.P.O, MAVELIKKARA. BY ADV. SMT.A.SALINI LAL RESPONDENTS: COMPLAINANT ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3549 of 2008 ------------------------------------- Dated this the 23rd day of September, 2008 ORDER Petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He preferred an appeal. The appeal was admitted. He prayed for suspension of sentence. The request was allowed subject to conditions. Inter alia, it was directed that the petitioner must deposit an amount of Rs.10,000/- towards the compensation payable within a period of one month from 11.08.08. 2. The petitioner has now come to this Court with this petition under Section 482 Cr.P.C to challenge the condition imposed. First of all it is prayed that a week's further time may be granted to make the payment. Secondly and alternatively it is prayed that the amount of Rs.10,000/- may be reduced. 3. It is now trite that an appellate court, while suspending the sentence, can impose conditions regarding deposit of amount. There can be no doubt on that aspect. Crl.M.C. No.3549 of 2008 2 The question can only be whether that discretion was exercised properly. Not even the judgment of the court below is produced and no attempt is made to argue on merits that the discretion exercised in imposing the condition is not justified. The challenge raised against the imposition of the condition is thus found to be without any merit. 4. It is then submitted that the petitioner is not able to deposit the amount within the period of one month. The petitioner may be given a week's further time to comply with the order regarding deposit, it is prayed. 5. I am satisfied that the said request can be considered favourably. 6. In the result, this Crl.M.C is allowed in part. The petitioner shall have time till 30.09.08 to pay the amount of Rs.10,000/- (Rupees Ten thousand only) as ordered by the appellate court in Annexure-1order dated 11.08.08. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.3549 of 2008 3