IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Crl.MC.No. 2482 of 2008() ------------------------- AGAINST THE ORDER DATED 25/03/2008 IN CRMP 809/08 IN CRA.286/2008 of SESSIONS COURT, KOZHIKOE .................... PETITIONER/PETITIONER: -------------------------------------- PRAMOD P.M., AGED 39 YEARS S/O. P.M.N. KURUP, C/O. SREENIVASAN SUBHA, IRINGADANPALLI ROAD P.O. CHEVAYUR, CALICUT – 17. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS/RESPONDENTS: ------------------------------------------- 1. MANOJKUMAR, S/O. VASUEEVAN MOOSAD AISWARYA P.O., KOTTOOLI CALICUT – 16. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2482 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act. The prosecution relates to a cheque for Rs. 1 lakh. The petitioner had preferred an appeal, which has been admitted. He applied for suspension of the sentence pending disposal of the appeal. That petition was allowed subject to conditions. As per the impugned order dt. 25.3.2008, inter alia, the petitioner was directed to deposit an amount of Rs.20,000/- within a period of three moths. That period has already expired on 25.6.2008. The petitioner has come to this Court on 30.6.2008 with a prayer that the said condition may be dispensed with. 2. What is the reason? Jurisdictional competence of the appellate court to impose such a condition is not in dispute. There is no contention raised before me that in the facts and circumstances of the case such a direction is unjustified. The Crl.M.C.No. 2482 of 2008 2 only contention is that the petitioner is not able to raise that amount. I am satisfied that the condition need not be dispensed with, but the petitioner can be given some further time to make the payment. To this limited extent alone this petition can succeed. I take note of the fact that though three months time was given to the petitioner, he had not requested to the court for early and expeditious disposal of the appeal itself within three months. In these circumstances I find no justification in the prayer to set aside the condition imposed. 3. This Crl.M.C. is allowed in part. The petitioner shall have time till 4.8.2008 to make the payment. (R. BASANT) Judge tm