IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 2519 of 2010() ------------------------- CRMP.1791/2010 IN CRL.A.NO.265/2010 of SESSIONS COURT, KOTTAYAM .................... PETITIONER(S): APPELLANT/ACCUSED -------------------------------- VALSAMMA BALAN, SREEVALSAM, THIRUVARPPU P.O., KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT(S): COMPLAINANT -------------------------- 1. K.K.BABU, KAREEMADOM, PALLAM, KOTTAYAM, PIN-686 007. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2519 of 2010 -------------------------------------- Dated this the 7th day of July, 2010 ORDER Petitioner, who was the accused in S.T.No.2828/2009 on the file of J.F.C.M Court-V, Kottayam in a prosecution under Section 138 of the Negotiable Instrument Act involving a cheque for Rs.3,00,000/- (Rupees Three Lakh only) issued in the year 1994 was convicted by the learned Magistrate. The petitioner challenges the condition imposed by the Sessions Judge while suspending the sentence in Criminal Appeal.No.265/2010 directing the petitioner to deposit a sum of Rs.75,000/- within one month. 2. I am not inclined to interfere with the discretion rightly exercised by the learned Sessions Judge regarding the quantum for deposit. I am however, inclined to grant the petitioner further time for depositing the amount. Accordingly, the order dated 18.6.2010 in CMP.No.1791/2010 in Crl.A.No.265/2010 on the file of the Sessions Court, Kottayam shall stand modified permitting the petitioner to deposit the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) before the trial court within three months from 18-7-2010. V.RAMKUMAR, JUDGE dmb