IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.MC.No. 545 of 2009() --------------------------------- CRA. NO.33/2008 OF THE SESSIONS JUDGE, THRISSUR. C.C. NO.269/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKAD. .......... PETITIONER(S): ACCUSED ---------------------- HYDROSE, S/O. BEERU, VALIYAPURAKKAL HOUSE, THIRUVATHRA P.O., CHAVAKKAD TALUK, THRISSUR DIST. BY ADV. MR.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. ABDULREHIMAN, S/O. KUNHAHAMMED HAJI, ARAKKAL HOUSE, THIRUVATHARA P.O., CHAVAKAD TALUK, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2009, ALONG WITH CRMC NO.558 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos.545 & 558 of 2009 ------------------------------------------------- Dated this the 5th day of February, 2009 COMMON ORDER The common petitioner in these Crl.M.Cs. has been found guilty, convicted and sentenced in two separate prosecutions – both under Sec.138 of the Negotiable Instruments Act, initiated by the same complainant. The cheque in each case is for an amount of Rs.4 lakhs. The petitioner preferred appeals. The appeals were admitted. The petitioner's applications for suspension of sentence were also allowed subject to conditions. The conditions include the condition that the petitioner must execute bonds for for Rs.2 lakhs in each case with two solvent sureties each for the like sum. There is a further stipulation that the petitioner must deposit an amount of Rs.60,000/- in each case before the court below within a period of three months from the date of the impugned orders i.e., 16/1/08. Crl.M.C. Nos.545 & 558 of 2009 -: 2 :- 2. A year has rolled by now. The petitioner has not deposited the amount so far. No part of the amount even has been deposited. The petitioner was shown indulgence by the learned Sessions Judge who passed the impugned orders and time for payment was extended from time to time till November, 2008. The game is up. There is no further extension of time secured. He has hence come to this Court with this Crl.M.C. with a prayer that the said condition of deposit in the impugned orders may be set aside. 3. The learned counsel for the petitioner contends that a civil suit has been filed on the basis of the very same cheques and the property of the petitioner has been attached. The petitioner cannot, in these circumstances, raise any money and the petitioner, in these circumstances, prays that the impugned orders may be set aside. 4. There is no contention even that on merits the direction for deposit is not justified. The fact that the party has a civil remedy and the complainant has resorted to such civil remedy is no reason for me to interfere with the condition imposed. More so, because the order was passed about a year back and the petitioner has been seeking extension of time from the court below and the court below has been indulgently granting such Crl.M.C. Nos.545 & 558 of 2009 -: 3 :- time. I am, in these circumstances, satisfied that the impugned condition of deposit of Rs.60,000/- in each case does not warrant interference at all. 5. Finally, the learned counsel for the petitioner makes an offer. He submits that if two weeks time is given, the petitioner shall deposit an amount of Rs.30,000/- each in these two cases. He may be given further time of one month for making deposit of the balance amount. In these circumstances, I take a lenient view and accept the said request of the learned counsel for the petitioner. 6. In the result, these Crl.M.Cs. are allowed in part. It is ordered that if the petitioner deposits an amount of Rs.30,000/- in each of the two cases before the learned Magistrate on or before 19/2/2009, the petitioner shall have further time till 19/3/09 to pay the entire balance amount. 7. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. Nos.545 & 558 of 2009 -: 4 :-