IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Crl.MC.No. 1613 of 2010() ------------------------- CRA.461/2008 of SESSIONS COURT, THRISSUR ST.2334/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER/APPELLANT/ACCUSED. --------------------------------- ASHA ASHOKAN, AGED 38 YEARS, ELAMTHURUTHY HOUSE, ANCHERY P.O., AMOSE CORNER, VALARKAVU, THRISSUR.(OLLUR POLICE STATION LIMIT) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT. ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREE GOKULAM CHIT & FINANCE COMPANY (P) LTD., HEAD OFFICER, 66, ARCOTTU ROAD, KODAMBAKKAM, CHENNAI - 600 024, REPRESENTED BY BUSINESS MANAGER SASIDHARAN, S/O. GOPALAN NAIR, VELLIYATTU HOUSE, KODANNUR, THRISSUR DISTRICT. PUBLIC PROSECUTOR: SRI B JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1613 of 2010 --------------------------------------- Dated this 06th day of May, 2010 ORDER Petitioner is accused in S.T.No.2334 of 2006 of the court of learned Judicial First Class Magistrate, Thrissur for offence punishable under section 138 of the Negotiable Instruments Act. There was conviction and sentence imposed on her and direction for payment of compensation. She challenged the same before the learned Sessions Judge, Trichur in Crl.Appeal.No.461 of 2008 and filed C.M.P.No.2486 of 2008 for suspension of sentence. Learned Sessions Judge suspended the sentence on condition of executing bond for Rs.30,000/- with two sureties for the like sum each with a further condition that petitioner depositing Rs.10,000/- within three months. Now the prayer of petitioner is that learned Sessions Judge may be directed to extent time for deposit the amount. I have heard learned counsel for petitioner and learned Public Prosecutor. Learned counsel says that petitioner, on account of financial difficulties is not able to raise the amount immediately. 2. There is nothing illegal in learned Sessions Judge directing deposit of a portion of the amount of compensation ordered to be paid by the petitioner while suspending the sentence. : 2 : As such, no interference is required with that, nor can a direction be issued to the learned Sessions Judge to extent the time since that is a matter which the learned Sessions Judge has to consider if a proper request is made. Having regard to the circumstances stated by learned counsel for petitioner, petitioner is granted a months' time from today to deposit the amount as ordered by the learned Sessions Judge. NBW issued to the petitioner will be kept in abeyance for the said period. With the above observations the petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-