IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Crl.MC.No. 2210 of 2008() ------------------------- AGAINST THE ORDER DATED 11/04/2008 IN CRMP 544/2008 IN CRA.148/2008 of ADDL. SESSIONS COURT-II, MAVELIKKARA .................... PETITIONER: ------------- SHEEBA SURENDRAN AGED 36 YEARS. W/O.SURENDRAN,THAMARASSERRIL VEEDU, VAZHAPPALY BHAGOM, CHANGANASSERY BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENTS: ---------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. SANTHOSH ABRAHAM, AGED 40 YEARS, S/O.THANKACHAN, PUTHIYATH VEEDU, ANGADICKAL MURI CHENGANNUR VILLAGE R1 BY PUBLIC PROSECUTOR, SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2210 OF 2008 ----------------------------------------------- Dated this the 16th day of June, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. She has been found guilty, convicted and sentenced. She preferred an appeal. The appeal was admitted. Sentence was suspended subject to conditions. The cheque is for an amount of Rs.3 lakhs. There is a direction to the petitioner that she must deposit an amount of Rs.80,000/-. If insistence were made on such condition, that will result in denial of the right of the petitioner to challenge the order in appeal. In these circumstances, it is prayed that the impugned order may be set aside and the condition for deposit of the amount may be set aside. 2. I have heard the learned counsel for the petitioner. It is by now trite that the appellate court has jurisdictional competence to direct deposit of part of the fine/compensation amount. The only statement is that the petitioner is not able to raise the amount. I am satisfied that appropriate directions can be issued in the interest of justice. Crl.M.C. No. 2210 OF 2008 2 3. Petitioner shall deposit an amount of Rs.10,000/- before the learned Magistrate within a period of one month (on or before 16.07.08) from this date. She shall be given two months further time from 16.07.08, to deposit the balance amount. If the petitioner is able to raise the balance amount, she shall on or before 16.07.08 file a statement to that effect before the Sessions Judge and thereupon the learned Sessions Judge must dispose of the appeal within the said period of two months. Compliance shall be reported to this Court. 4. This Crl.M.C is allowed in part to the above extent. R. BASANT, JUDGE ttb Crl.M.C. No. 2210 OF 2008 3 Crl.M.C. No. 2210 OF 2008 4