IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Crl.MC.No. 1432 of 2011 ---------------------------------- [CRL.M.P. NO.1535/2011 IN CRL.A.NO.544/2010 OF SESSIONS COURT, PALAKKAD] .................... PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------- K.V.CHANDRAN MASTER, AGED 53 YEARS, S/O. VELU, MANKARA, PALAKKAD TALUK. BY ADVS. SRI.K.ABDUL JAWAD, SRI.U.MUHAMMED MUSTHAFA. RESPONDENTS/RESPONDENTS/COMPLAINANTS: ------------------------------------------------------------------------ 1. KRISHNAN, AGED 60 YEARS, S/O. NARAYANAN EZHUTHACHAN, NARAYANA NIVAS, THENUR, PARALI, PALAKKAD TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P. Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 1432 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of May, 2011 O R D E R This is a petition filed by the accused in C.C.No.222 of 2009 on the file of the Judicial Magistrate of the First Class-II, Palakkad, who is the appellant in Crl.A. No.544/2010 on the file of the Sessions Court, Palakkad, seeking extension of time for deposit of the amount ordered by the Sessions Court while suspending his sentence. 2. The accused was convicted under section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for six months and to pay a compensation of Rs.1,50,000/- with default sentence by the Judicial Magistrate of the First Class-II, Palakkad in C.C. No.222 of 2009. Challenging his conviction and sentence, he filed the above mentioned appeal before the Sessions Court, Palakkad. The learned Sessions Judge in Crl.M.P. No.3115/2010 suspended the sentence imposed on the petitioner/accused by impugned order dated September 24, 2010 on condition that the petitioner CRLMC.1432/2011 2 deposits 1/5th of the compensation amount awarded within six weeks from the date of the order. Subsequently, by Annexure-B order the time for deposit of the amount was extended to November 30, 2010. 3. It is alleged in the petition that the petitioner was laid up and therefore he could not raise the amount mentioned in the impugned order in time. It is also stated that after raising the amount, he filed a petition before the lower appellate court for extension of time, but it was dismissed. The petitioner has now come up in a petition praying that he may be granted some time for making the deposit. 4. The request of the petitioner appears to be reasonable. Therefore, time is granted till June 1, 2011 for deposit of the amount mentioned in the impugned order in Crl.M.P. No.3115/2010 dated September 24, 2010 of Sessions Court, Palakkad. The Crl.M.C. is disposed of as found above. P.Q.BARKATH ALI, JUDGE . mn.