IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4629 of 2008 ------------------------- AGAINST THE ORDER DT.29.10.08 IN CR.M.P. 2628/08 IN CRA.579/2008 of SESSIONS COURT, KOTTAYAM .................... PETITIONER/APPELLANT/ACCUSED: -------------------------------------- P.S. ABDUL RASHEED, THYPARAMBIL HOUSE, POOTHAKUZHY, KANJIRAPALLY, KOTTAYAM. BY ADV. SRI.V.S.AFSAL KHAN RESPONDENTS/COMPLAINANT AND STATE: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. C.K. SHARAFUDEEN SAHIB, MOHAMMED MANZIL, PALLICKACHIRA P.O., PAIPPAD, CHANGNACHERRY. R1 BY PUBLIC PROSECUTOR, SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 4629 OF 2008 ----------------------------------------------- Dated this the 28th day of November, 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He has preferred an appeal which has been admitted by the learned Sessions Judge. The execution of the sentence was suspended subject to conditions. The petitioner is aggrieved by the condition that he must deposit an amount of Rs.50,000/- on or before 29.11.08. 2. After discussions at the Bar, the learned counsel for the petitioner only prays for two months further time to make that payment. In response to a query by this Court, the learned counsel accepts that an amount of Rs.10,000/- can be deposited before the Magistrate within a period of 10 days from this date. 3. I am satisfied that the petitioner's prayer can be accepted. In the result: a) This Crl.M.C is allowed in part. b) If the petitioner deposits an amount of Rs.10,000/- on or Crl.M.C. No. 4629 OF 2008 -:2:- before 09.12.08, the petitioner shall have time till 29.01.09, to pay the entire balance amount. Hand over copy of this order to the learned counsel for the petitioner. R. BASANT, JUDGE ttb Crl.M.C. No. 4629 OF 2008 -:3:- Crl.M.C. No. 4629 OF 2008 -:4:-