IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Crl.MC.No. 3618 of 2011() ------------------------- PETITIONER(S): PETITIONER/ACCUSED ------------------------------------------------------- T.N.VIJAYAN, S/O.NANU, AGED 53, DIRECTOR, KUTTANADU CENTRAL SCHOOL, ANAMIKA HOUSE, SANATHANAPURAM.P.O., KALARKODE, ALAPPUZHA. BY ADV. SRI.C.PRATHAPACHANDRAN PILLAI RESPONDENT(S): RESPONDENTS/COMPLAINANT ------------------------------------------------------------------- 1. SINDHU BABY @ MUTHUPARAMBIL BABY, W/O.DINESAN BABY, MUTHUPARAMBIL HOUSE, NJARAKKAL REPRESENTED BY HER P/A HOLDER GOPALAN, S/O.VELAYUDHAN, KALAPPUZHA HOUSE, EAST CHALAKKUDY VILLAGE & DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680 307. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SMT.R.REMA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3618 of 2011() APPENDIX PETITIONER(S) EXHIBITS : ANNEXURE A1 : CERTIFIED COPY OF THE ORDER IN CRL.M.P.NO.2009/2011 IN CRL.A.NO.488/2011 ON THE FILE OF THE COURT OF THE SESSIONS JUDGE, THRISSUR. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE ami/ N.K.BALAKRISHNAN, J. ------------------------------- Cr.M.C.No.3618 of 2011 ------------------------------- Dated this the 21st day of October, 2011. O R D E R The petitioner was convicted by the learned Magistrate in a complaint filed under Section 138 of Negotiable Instruments Act. He was sentenced to undergo simple imprisonment for three months and to pay Rs.2,50,000/-. The learned Sessions Judge, while suspending the sentence imposed a condition that, the petitioner should deposit Rs.70,000/- within 3 months from 28.7.2011. So far, that amount was not deposited. Learned counsel submits that, the petitioner is in a very pitiable condition because of financial constraints and so the amount directed to be deposited may be reduced and also further time may be granted to pay the amount. The condition regarding deposit of the fine amount will stand modified as below :- 2 Cr.M.C.No.3618 of 2011 The petitioner will deposit a sum of Rs.20,000/- (Rupees twenty thousand only) within two weeks from today. Another sum of Rs.20,000/- (Rupees twenty thousand only) shall be deposited within another one month from that date. Another sum of Rs.20,000/- (Rupees twenty thousand only) shall be deposited within another one month from that date. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN Judge. ami/