IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Crl.MC.No. 4331 of 2008() ------------------------- AGAINST THE ORDER DATED 29/09/2008 IN CRMP.4428/2008 IN CRA.803/2008 of SESSIONS COURT, ERNAKULAM ST.60/2006 of J.F.C.M-IV, KOCHI .................... PETITIONER(S): --------------- JOEMON S/O. JOSEPH, AGED 36, MANAGING PARTNER, M/S.METRO SILKS & SAREES, NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE SRI.KURIAKOSE G.THEKKEL RESPONDENT(S): --------------- 1. M/S.FASHION FABRICS, POST OFFICE LINK ROAD, BROADWAY, ERNAKULAM, A REGISTERED PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER DEEPAK N.PUPAREL. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4331 of 2008 ------------------------------------- Dated this the 13th day of November, 2008 ORDER Petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He preferred an appeal. The appeal has been admitted. Execution of the sentence has been suspended subject to conditions. The petitioner claims to be aggrieved by one condition imposed that he should deposit an amount of Rs.1 lakh within a period of 6 weeks from the date of the impugned order, ie.29.09.08. The learned counsel for the petitioner submits that the petitioner is impecunious and the direction for deposit of the amount would virtually deny him his right of appeal. 2. I am not persuaded to agree that the discretion exercised by the learned Sessions Judge to impose the said is in any way unjust or unfair. However, I am satisfied that the petitioner can be given some further time to make the payment. 3. This Crl.M.C is, in these circumstances, allowed in part. The petitioner shall have time till 31.12.08 to deposit the entire balance amount on condition that he deposits an amount of Rs.25,000/- on or before 29.11.08. (R.BASANT, JUDGE) rtr/-