IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Crl.MC.No. 2706 of 2009 -------------------------------- CRA.793/2008 of ADDL.SESSIONS COURT, KOZHIKODE ........................................... PETITIONER(S): ---------------------- RAJ MOHAN M.K., AGED 30 YEARS, SON OF LATE RAMAKRISHNAN, MANNARKANDI, KARIYATHAN KAVU, BALUSSERY, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): ------------------------ 1. SOMANATHAN NAIR, AGED 53 YEARS, SON OF PADMANABHAN NAIR, SANATHANAM, THERUVINKATTIL, NANMINDA P.O., KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2706 of 2009 -------------------------- ORDER Petitioner, who was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act, filed an appeal before Sessions Court, Kozhikode and in the appeal he sought suspension of the sentence. Sessions Judge granted order of suspension on condition of depositing Rs.75,000/-. Petitioner did not deposit that amount and instead filed Crl.M.P.No.1026/2009 seeking extension of time. Under Annexure-I order dated 21.3.2009, three months time was granted to deposit the amount, provided, one third of the amount ordered to be deposited as per earlier order is deposited within ten days. Petitioner did not deposit that amount. This petition is filed under Section 482 of Code of Criminal Procedure to grant six months time to deposit the amount. CRMC 2706/09 2 2. Learned counsel appearing for the petitioner was heard. 3. Petitioner was directed to deposit Rs.75,000/- as per order dated 20.9.2008 to get the sentence suspended. Petitioner did not deposit that amount. I find no reason to grant further time. If petitioner is not capable of depositing the amount, he is at liberty to approach the Sessions Judge for an early disposal of the appeal. If petitioner deposits the amount within two weeks from today, it will be treated as in compliance with the original order dated 20.9.2008 in Crl.M.P.No.2692/2008. Petition is disposed. 18th August, 2009 (M.Sasidharan Nambiar, Judge) tkv