IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4594 of 2008() ------------------------- AGAINST THE ORDER IN CRMP 3255/08 IN CRA.582/2008 of ADDL. SESSIONS COURT, THRISSUR .................... PETITIONER(S): APPELLANT/3RD ACCUSED ------------------------------------ C.R.LAYON, DIRECTOR OF DOSTHY KURIES AND INSTALLMENTS (P) LTD.,MUNDOOR DESOM, ANJOOR VILLAGE, THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- 1. SUNNY, AGED 52 YEARS,S/O.KANJIRAPARAMBIL PORINCHU, MUNDUR DESOM, ANJOOR VILLAGE, THRISSUR TALUK. 2. FOR DOSTHY KURIES & INSTALLMENTS (P) LTD MUNDUR DESOM, ANJOOR VILLAGE, THRISSUR TALUK, REP.BY ITS MANAGING DIRECTOR, P.O. MUNDUR. 3. A.P.THOMAS, AGED 40 YEARS,MANAGING DIRECTOR & DOSTHY KURIES & INSTALLMENTS (P)LTD. 4. C.I.OJOHNSON, AGED 42 YEARS, DIRECTOR OF DEPUTY KURIES & INSTALLMENTS, MUNDUR. 5. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4594 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 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. He preferred an appeal, which was admitted. His prayer for suspension was allowed, subject to conditions. Inter alia, he was directed to deposit an amount of Rs.10,000/- within three months. That period of three months has already expired on 25.11.2008. The petitioner has filed this petition on 26.11.2008 with a prayer that the said condition of deposit of Rs.10,000/- may be deleted. According to him, such a condition has not been imposed on the co-accused and his prayer to modify that condition has been turned down by the Addl. Sessions Judge, before whose court the appeal is now pending, on the ground that the earlier order passed by the learned Principal Sessions Judge cannot be reviewed. Crl.M.C.No. 4594 of 2008 2 2. After discussions at the Bar, the learned counsel for the petitioner prays that the petitioner may be granted further time to make the payment. Having considered all the relevant inputs, I am persuaded to agree that such indulgence can be shown to the petitioner. 3. This Crl.M.C. is allowed in part. It is directed that if the petitioner deposits an amount of Rs.3,000/- on or before 6.12.2008, he shall have further time till 6.1.2009 to pay the entire balance amount. 4. Hand over the order. (R. BASANT) Judge tm