IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 CRL.MC.NO. 30 OF 2011() ------------------------------------- CRA.584/2010 OF SESSIONS COURT, PALAKKAD .................... PETITIONER(S): APPELLANT/ACCUSED ---------------------------------------------------------- K.DEVAN, S/O.RAMAN, KALATHIL KUNDIL HOUSE, P.O.VANIYAMKULAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE --------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREE GOKULAM CHITS & FINANCE CO(P)LTD., DIVISIONAL OFFICE, SANOJ TOWERS, OPP.KSRTC BUS STAND, SHORNUR ROAD, PALAKKAD, REPRESENTED BY K.K.SUBHASH KUMAR, AGED 26 YEARS, S/O.KRISHNAN, PULINELLI, KOTTAYI, PALAKKAD. 678 001. BY PUBLIC PROSECUTOR SHRI SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.30 of 2011 ==================================== Dated this the 31st day of January, 2011 O R D E R Petitioner is accused in C.C. No.184 of 2009 of the court of learned Judicial First Class Magistrate-III, Palakkad for offence punishable under Section 138 of the Negotiable Instruments Act. He was sentenced to undergo simple imprisonment and deposit of `.7,48,193/-. He preferred Crl. Appeal No.584 of 2010 in the court of learned Sessions Judge, Palakkad. Learned Sessions Judge while suspending the sentence as per order dated October 19, 2010 on Crl. M.P. No.3372 of 2010 directed petitioner to deposit 1/10th of the amount of compensation in the trial court within six weeks from the date of that order. Petitioner got extension of time for deposit till 31.12.2010 vide order dated December 1, 2010 on Crl. M.P. No.3826 of 2010 in Crl. Appeal No.584 of 2010. In this proceedings it is contended that learned Sessions Judge could not have imposed a condition while suspending the sentence. Learned counsel requested that in case that contention is not accepted the amount to be deposited may be modified and further time may be granted for such deposit. Learned counsel invited my attention to CRL.M.C. No. 30 of 2011 -: 2 :- Annexures A4 ad A5, Medical Certificates issued from Jubilee Missions Medical College & Research Institute, Thrissur and Amritha Institute of Medical Sciences, Kochi. 2. I am unable to accept the contention that learned Sessions Judge had no authority to impose a condition by way of deposit of compensation while suspending the sentence. A Division Bench of this Court in Suhra Kunhimon v. Harif (1999 [1] KLT 463) has upheld that power of the appellate court. Hence the contention that learned Sessions Judge went wrong in imposing a condition by directing deposit of a portion of compensation cannot be accepted. Moreover petitioner himself has sought extension of time for deposit of the amount. 3. Then the question is whether time for deposit of compensation is to be extended. By Annexure- A3, order dated December 1, 2010 time for deposit of compensation has been extended till 31.12.2010. Annexures A4 and A5 are produced to show that petitioner is undergoing treatment. But that does not absolve petitioner from the liability of depositing the amount. Having regard to the facts and circumstances I am inclined to give petitioner time till 15.03.2011 to deposit the compensation as CRL.M.C. No. 30 of 2011 -: 3 :- ordered by the learned Sessions Judge. Resultantly, Criminal Miscellaneous Case is disposed of granting petitioner time till 15.03.2011 to deposit compensation as ordered by the learned Sessions Judge in Crl. Appeal No.584 of 2010. THOMAS P. JOSEPH, JUDGE. vsv