IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Crl.MC.No. 2915 of 2011() ------------------------- AGAINST THE ORDER DATED 17 /06 / 2011 IN CRMP 1710/2011 IN CRA.140/2011 of SESSIONS COURT, KALPETTA .................... PETITIONER/APPELLANT: ------------------------------------- BINDU BALAN, AGED 60 YEARS D/O.BALAN, C/O.SUDHEER ASHA, RESIDING AT AYASWARYA NIVAS, VYTHIRI POST, WAYANAD DISTRIT AND ORIGINAL ADDRESS IS SAIKRISHNA, EMILI ,KALPETTA POST, WAYANAD DISTRICT PIN 673 121. BY ADV. SRI.A.V.JAMES SRI.P.DALBI EMMANUEL SMT.C.C.JANCY SRI.M.J.ABRAHAM RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. P.K.ABOOBACKER, AGED 40 YEARS, S/O.KUNHABDULLAL HAJI RESIDING AT PULIYANKANDIYIL HOUSE EYYAMKODE POST, NADAPURAM, KOZHIKODE DISTRICT 673 504. BY PUBLIC PROSECUTOR SRI. JAIBY PAUL FOR R1. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2915 of 2011 APPENDIX: PETITIONER'S ANNEXURES: ANNEXURE A1: CARBON COPY OF THE ORDER IN CRL. MP No. 1710/2011 IN CRL.A No.140/2011 OF SESSIONS JUDGE, WAYANAD, KALPETTA, DATED 17.6.2011. ANNEXURE A2: TRUE COPY OF THE ORDER IN CRL.MP No.2168/2011 IN CRL.MP No.1710/2011 IN CRL.A. No.140/2011 OF SESSIONS JUDGE, WAYANAD, KALPETTA, DATED 10.8.2011. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. Kp/ N.K.BALAKRISHNAN, J ----------------------------------------- Crl.M.C.No. 2915 of 2011 ------------------------------------------ Dated this the 31st day of August, 2011. O R D E R The petitioner is the accused in a case filed against her under Section 138 of the Negotiable Instrument Act. She was sentenced to undergo simple imprisonemnt for 6 months and to pay Rs. 5 lakhs as fine. Hence this appeal was filed. The learned Session Judge, Wayanad suspended execution of the sentence on condition that the petitioner should deposit Rs.50,000/- on or before 10/08/2011. The petitioner submits that the said direction is illegal. I cannot agree. The learned counsel submits that, some time may be given to the petitioner to deposit the amount. The petitioner is allowed to deposit Rs.25,000/- on or before 20/09/2011 and the balance Rs.25,000/- shall be deposited on or before 20/10/2011. The petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE smvd