IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH DECEMBER 2006 / 24TH AGRAHAYANA 1928 Crl.MC.No. 970 of 2006() ------------------------ CC.916/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER: APPELLANT/ACCUSED --------------------------------------------------- NAZEER, AGED 51 YEARS, S/O.ABDUL KHADER, KADAIPARAMBIL (H), KARUVANOOR P.O., TRISSUR (DT). BY ADV. SRI.C.S.AJITH PRAKASH SRI.RAJAKRISHNAN. K RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. K.B.ABOOBAKER, AGED 38 YEARS, S/O.BEERANKUTTY, KUDILIL HOUSE, KALAMASSERY, THRIKKAKARA VILLAGE, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI..GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT.J ------------------------------------------------------------ Crl.M.C. No. 970 OF 2006 ------------------------------------------------------------- Dated this the 15th day of December 2006 ORDER The petitioner has been found guilty convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He preferred an appeal before the Appellate court. The learned Sessions Judge suspended the sentence subject to conditions. One of the conditions is that the petitioner must deposit an amount of Rs. 45,000/-. The cheque is for an amount of Rs. 1,40,000/- 2. The short contention of the learned counsel for the petitioner is that the condition imposed is harsh and onerous and it does in fact deprive the petitioner of his right to challenge the order in appeal. 3. I do not find any error/ inadequacy vitiating the impugned direction. However I am satisfied considering the submissions of the learned counsel for the petitioner that the petitioner can be granted further time of 45 days to remit the amount of Rs. 45,000/- If the petitioner is not able to raise the amount he can approach the learned Sessions Judge for sufficiently early expeditious out-of-turn disposal of the appeal. Such request must be considered by the learned Sessions Judge R.BASANT, JUDGE es