IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Crl.MC.No. 435 of 2011() ------------------ CRMP.17/2011 IN CRA.182/2010 OF ADDITIONAL SESSIONS COURT, N. PARAVUR .................. PETITIONERS / APPELLANTS 1 & 2 / ACCUSED NO. 2 & 3 : ---------------------------------------------------------------------------------- 1. ANOOP KUMAR, AGED 36 YEARS, S/O.RAVINDRANATHA MENON, MEEYATHUKOVILAKAM, AVALOKKUNNU P.O., ALAPPUZHA DISTRICT. 2. JENU KURIAN, AGED 38 YEARS, S/O.KURIAN, KUTTICHIRA, AVALOKKUNNU P.O., ALAPPUZHA DISTRICT. BY ADVS. SRI.ABDUL JALEEL.A SMT.M.A.SULFIA RESPONDENTS / COMPLAINANT / APPELLANT NO. 3 / ACCUSED 1 & 3 : ------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. T.G.R.PAINTS AND CHEMICALS PVT.LTD., IIND FLOOR, NATIONAL RESIDENCY-COMMERCIAL COMPLEX, EDAPALLY, REP. BY P.G.PANKAJAKSHAN NAIR, RESIDING AT NIMALIYAM, SRAMBIKAL TEMPLE ROAD, EDAPPALLY P.O., KOCHI-682 024. 3. DENESH KUMAR PAI, ESCORT HOUSE, MUHAMMA, ALAPPUZHA-688 525. 4. COSMO PAINTS, 5/11B, AVALOOKUNNU P.O., ALAPPUZHA, REP. BY ITS MANAGING PARTNER-688 006. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.435 of 2011 --------------------------------------- Dated this 11th day of February, 2011 ORDER In the light of the order I propose to pass, notice to second respondent is dispensed with. I have heard learned Public Prosecutor for the first respondent. 2. Petitioners were convicted and sentenced for offence punishable under Sec.138 of the Negotiable Instruments Act in S.T.No.4222 of 2008 of the court of learned Judicial First Class Magistrate-III, Aluva. They preferred appeal before learned Additional Sessions Judge, North Paravur as Crl.Appeal No.182 of 2010 and moved Crl.M.P.No.940 of 2010 for suspension of the sentence. Learned Additional Sessions Judge suspended the sentence on condition that each of the petitioners deposited `.10,000/- within three months. That period was to expire on 31.09.2010. Petitioners filed Crl.M.P.No.17 of 2011 for extension of time stating financial difficulties as reason for non compliance with the direction. Learned Additional Sessions Judge dismissed that application vide Annexure-A1, order dated January 20, 2011. Learned counsel submits that it was due to financial difficulties that petitioners could not comply with the direction. Having Crl.M.C.No.435 of 2011 -: 2 :- heard learned counsel I am inclined to grant time till 10.03.2011 to deposit the amount as ordered on Crl.M.P.No.940 of 2010. Petitioners have to execute bond as directed by the learned Additional Sessions Judge within two weeks from this day. Resultantly this petition is allowed in the following lines: Annexure-A1, order dated 20.01.2011 is set aside and petitioners are granted time till 10.03.2011 to deposit the amount as directed in the order. Subject to the condition of deposit of amount within the said time, petitioners shall execute bail bond as directed by learned Additional Sessions Judge within two weeks from this day. (THOMAS P JOSEPH, JUDGE) Sbna/-