IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20875 of 2008(I) -------------------------- PETITIONER: ------------ M.J.DEVAKI, 60 YEARS, W/O.C.N.RAJAPPAN, VAISAKH HOUSE, KARIMBRA.P.O, PALAKKAD DISTRICT. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAFEEQUE P.V.P, S/O.ALIKOYA, PANDIKASALAVALAPPIL PUTHIYAPURAYIL HOUSE, VADAKARA BEACH, VADAKARA TALUK, KOZHIKODE DISTRICT, REP. BY POWER OF ATTORNEY C.K.IBRAHIM, S/O.HASSAN, 44 YEARS, ELICKORENTAVIDA, REYARANGOTH.P.O, MUTTUNGAL AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.20875 of 2008 ---------------------------------------- Dated this the 10th day of July 2008 J U D G M E N T The petitioner, a woman, has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. Her appeal before the learned Sessions Judge has been admitted. Her application for suspension of the sentence has been allowed subject to conditions. Inter alia it is directed that she must execute a bond for Rs.30,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. There was a further condition that she must deposit an amount of Rs.75,000/- within a period of three months from 06/06/2008. The petitioner has come to this court claiming to be aggrieved by both the conditions imposed. The learned counsel for the petitioner prays that both conditions may be set aside. 2. I am not persuaded to agree that either of the two conditions do deserve to be set aside. The learned Judge has indulgently granted time till 06/09/2008 to deposit Rs.75,000/-. Similarly the direction to execute a bond for Rs.30,000/- is found to be absolutely fair, reasonable and just. W.P.C.No.20875/08 2 3. The learned counsel for the petitioner submits that she is not in a position to raise an amount of Rs.75,000/- and that if the condition were rigidly insisted, that would leave her to face the predicament of being forced to undergo incarceration even before her appeal is disposed of. 4. I am satisfied that appropriate directions can be issued. If the petitioner deposits an amount of Rs.7,500/- (Rupees seven thousand five hundred only) within a period of fifteen days from this day and makes a specific request to the learned Sessions Judge to dispose of the appeal itself on or before 06/09/2008, the learned Judge shall accept the said request and proceed to dispose of the appeal itself by 06/09/2008. If such amount is deposited, the petitioner shall be given time till 06/09/2008 to execute the bond and pay the balance amount. 5. This writ petition is dismissed with the above directions/observations. (R.BASANT, JUDGE) jsr W.P.C.No.20875/08 3 W.P.C.No.20875/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007