IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 14TH MARCH 2007 / 23RD PHALGUNA 1928 Crl.MC.No. 684 of 2007() ------------------------ AGAINST THE ORDER DATED 15/12/2006 IN CRMP 4173/06 IN CRA.652/2006 of SESSIONS COURT, ALAPPUZHA CC.736/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA .................... PETITIONER: APPELLANT/ACCUSED ---------------------------------------------------- BRITO K.VINCENT, KARAKKATTU VEEDU, CHETHY P.O., ARTHUNKAL, CHERTHALA. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SRI.BINOY VASUDEVAN RESPONDENTS: RESPONDENT-COMPLAINANT AND STATE ------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CILVERIUS.P.SEBASTIAN, PUTHENPURACKAL, CHETHI P.O., CHERTHALA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.684 of 2007 ------------------------------------- Dated this the 14th day of March, 2007 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I Act. The cheque is for an amount of Rs.1,50,000/-. The petitioner preferred an appeal. The appeal was admitted and the learned Sessions Judge directed suspension of sentence subject to conditions, inter alia, that an amount of Rs.40,000/- must be deposited within two months from the date of the order. The time granted to deposit the amount was once extended and the petitioner now has time till 15.03.2007 to pay the amount. The petitioner has come to this Court to assail the condition of deposit of the amount. 2. To say the least, I find no merit in the prayer at all. The petitioner had accepted the condition. He had prayed for extension of time and by Annexure--3 order time was granted till 15.03.07. At this late hour, I find no merit in the prayer for setting aside the condition. The condition, does appear to me to be just and reasonable. The cheque is for an amount of Rs.1,50,000/-. Notice of demand was returned unclaimed. No defence evidence whatsoever was adduced. Signature in the cheque is not disputed. In these circumstances, the legality or propriety of the order passed directing deposit of Rs.40,000/- cannot be doubted. Crl.M.C.No.684 of 2007 2 3. The learned counsel for the petitioner submits that if the condition were not altered, the petitioner will have to face the unfortunate predicament of undergoing the impugned sentence even before his appeal is taken up for consideration. I am, in these circumstances, satisfied that appropriate directions can be issued to safeguard the interests of the petitioner. 4. This Crl.M.C is, in these circumstances, allowed in part. The petitioner is granted time till 30.04.07 to pay the amount of Rs.40,000/-. In case the petitioner is not able to deposit that amount, the petitioner may, within 10 days from this date, file an application before the learned Sessions Judge for expeditious disposal of the appeal itself and in such event, the learned Sessions Judge shall ensure that the appeal is disposed of by 30.04.07. (R.BASANT, JUDGE) rtr/-