IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1435 of 2009() ----------------------------------------- CRMP.809/2009 IN CRL.APPEAL NO.144/2009 OF SESSIONS COURT, ERNAKULAM C.C.NO.90/98 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER/PETITIONER/APPELLANT : -------------------------------------------------------------- LAKSHMIKUTTY AMMA, AGED 64 YEARS, W/O.CHANDRASEKHARAN NAIR, CHIRANGARA PUTHENPURAYIL, THEVAKKAL, P.K.COLONY.P.O., KOCHI. BY ADV. SRI.C.D.JOHNY RESPONDENTS/RESPONDENTS/COMPLAINANT : ----------------------------------------------------------------------------- 1. C.M.ABOOBACKER, S/O.MUHAMMED, CHALAKKAPARAMBIL, HMT COLONY, P.O.KALAMASSERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1435 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30-04-2009 ORDER This Crl. M.C. is preferred against the interim order dated 2-3-2009 passed by the learned Sessions Judge, Ernakulam in Crl. M.P. No. 809 of 2009 in Crl.A. No. 144 of 2009. The petitioner who was the accused in C.C. 90 of 1998 on the file of the J.f.C.M. II, Aluva, in a prosecution under Sec. 138 of the N.I.Act, 1881 involving a cheque for Rs. 3.75 lakhs, was convicted by the trial court. Aggrieved by the conviction and sentence she has preferred the above appeal. 2. As per the impugned order the learned Sessions Judge while suspending the sentence directed the petitioner to deposit a sum of Rs. 50,000/- before the trial court within one month of the date of the said order. 3. It is too early to accept the petitioner's contention that the offence alleged against her is not made out at all. The condition imposed by the learned Sessions Judge cannot be said to be harsh or onerous having regard to the fact that the cheque Crl.M.C. No. 1435 of 2009 -:2:- amount is Rs. 3.75 lakhs. However, having regard to the fact that the petitioner is a 64 year old woman, I am inclined to grant some time more to the petitioner to comply with the said direction. Accordingly, the impugned order will stand modified permitting the petitioner to deposit the sum of Rs. 50,000/- (Rupees fifty thousand only) within four months from today. This Crl.M.C. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.