IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Crl.MC.No. 1699 of 2011() -------------------- CRL.M.P. 2524/10 IN CRA 270/10 OF SESSIONS COURT, WAYANAD, KALPETTA ........................ PETITIONER / PETITIONER / APPELLANT : -------------------------------------------------------------- BIJU.C.M., S/O. MANI, AGED 36 YEARS, CHELAKKUNNEL HOUSE, PAYAMPALLI P.O., MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.RAJESH P. NAIR RESPONDENT : ---------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERAL, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.J. MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1699 of 2011 ==================================== Dated this the 09th day of June, 2011 O R D E R Petitioner is accused in S.T. No.317 of 2008 of the court of learned Judicial First Class Magistrate-II, Sulthan Batherey and appellant in Crl. Appeal No.270 of 2010 of the court of learned Sessions Judge, Wayand, Kalpetta. Offence involved is under Section 138 of the Negotiable Instruments Act. Petitioner was convicted and sentenced to pay compensation of `1,80,000/- and in default of payment to undergo imprisonment for one month. In the appeal, petitioner sought suspension of sentence. Learned Sessions Judge by order dated 02.12.2010 granted suspension subject to condition among other things that petitioner shall deposit `25,000/- on or before 28.01.2011. Now after about eight months petitioner has come up with a petition under Section 482 of the Code of Criminal Procedure challenging the said direction. Learned counsel submitted that petitioner being a Coolie was not able to deposit the amount. I do not find reason to interfere with the direction for deposit of compensation as out of the sum of `1,80,000/- learned Sessions Judge directed deposit of only CRL.M.C. No.1699 of 2011 -: 2 :- `25,000/- and that too, granting sufficient time to deposit the amount. Learned counsel submitted that though petitioner requested for extension of time that was rejected. Having regard to the circumstances stated, I do not find reason to interfere with the direction for deposit of the amount. But having regard to the grievance of petitioner that he was not able to raise the amount, I am inclined to grant some time to the petitioner to deposit the amount. Resultantly, Criminal Miscellaneous Case is disposed of granting petitioner time till 30.06.2011 to deposit the sum of `25,000/- as directed by the learned Sessions Judge. THOMAS P. JOSEPH, JUDGE. vsv