IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Crl.MC.No. 820 of 2010(R) ------------------------- CRMP.3949/2009 of PRL.SESSIONS COURT, ERNAKULAM CRMP.626/2009 OF SESSIONS COURT, ERNAKULAM. ST.NO.1831 OF 2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT III,ALUVA .................... PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------ RAJU.V DOMINIC, AGED 45,PROPRIETOR, QUALITY ENGINEERING WORKS, VALIYAVEETIL HOUSE, ERUMATHALA PO, CHOONDY, ALUVA. BY ADV. MR.JAISON JOSEPH RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S.JANATHA TRADING CORPORATION, MARKET ROAD,ALUVA REP. BY ITS MANAGER, P.Y.JOHNSON, PALATTY HOUSE, THURAVOOR PO, ANGAMALY. R1 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.820 OF 2010 ------------------------------------------ Dated 9th March 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Petitioner challenged the conviction and sentence before Sessions court, Ernakulam in Crl.A.750/2009. By Annexure-1 order sentence was suspended on the petitioner depositing Rs.1,00,000/- within six weeks and executing a bond for Rs.3,00,000/-. Petitioner sought extension of the period by filing Crl.M.P.626/2010. By Annexure-3 order, petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure for granting one week's time to deposit the amount. Crmc 820/10 2 2. Learned counsel appearing for the petitioner was heard. 3. By Annexure-1 order learned Sessions Judge has already suspended the sentence on condition of depositing Rs.1,00,000/-. Though petitioner was permitted to deposit the amount within six weeks from 24/11/2009 it was not deposited. If the petitioner deposits the amount as directed in Annexure-1 order, within seven days from today, the sentence will stand suspended till the disposal of the appeal. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.