IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Crl.MC.No. 598 of 2011() ------------------------ CMP.NO.3496/2010 IN CRA.477/2010 of SESSIONS COURT, KOTTAYAM .................... PETITIONER(S): PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------------------------- PRABHA.V.K, S/O. KUNJUNJU, OMETTATHIL HOUSE, PERUVA.P.O, KUNNAPPILLI BHAGOM, VAIKOM TALUK. BY ADV. SMT.GIRIJA.L. RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------------------------------------ 1. SUDHEESH.S, S/O. SUKUMARAN, PARIKANNITHANAM PUTHENPURAYIL, PERUVA.P.O, KUNNAPPILLI BHAGOM, MULAKKULAM VILLAGE, VAIKOM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 598 of 2011 ==================================== Dated this the 25th day of February, 2011 O R D E R Petitioner is the appellant in Crl. Appeal No.477 of 2010 of the court of learned Sessions Judge, challenging conviction and sentence under Section 138 of the Negotiable Instruments Act. He was sentenced to pay fine of Rs.3,00,000/-which was to be paid as compensation to respondent No.1. While petitioner sought suspension of sentence learned Sessions Judge directed petitioner to deposit Rs.75,000/- within one month. Challenge in this petition is against Annexure-2, order dated 16.11.2010. Though learned counsel contended that the amount directed to be deposited is excessive I do not find reason to think so. Therefore the request to quash Annexure-2 order cannot be sustained. Learned counsel sought six months’ time to deposit the amount stating that petitioner is facing financial difficulties. Having regard to the facts and circumstances of the case I am inclined to give one month’s further time to the petitioner to deposit the amount as directed by learned Sessions Judge. Resultantly, this Criminal Miscellaneous Case is disposed of CRL.M.C. No.598 of 2011 -: 2 :- granting one month’s time from this day to the petitioner to deposit the amount as directed in Annexure-2, order. THOMAS P. JOSEPH, JUDGE. vsv