IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3458 of 2010() ------------------------- CRMP.3264/2009 of SESSIONS COURT, KOLLAM .................... PETITIONER(S): APPELLANT/COUNTER PETITIONER ------------------------------------------------------------------------------------ RANGANATHAN ACHARI, S/O.THANKAPPAN ACHARI, KIZHAKKEDATHU PATTATHANAM VERRI, VADAKKEVILA VILALGE, KOLLAM. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): COMPLAINANT & STATE ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,E RNAKULAM. 2. VILLAGE OFFICER, VADAKKEVILA VILLAGE, KOLLAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3458 of 2010 = = = = = = = = = = = = = = Dated this the 18 th day of August, 2010 ORDER Petitioner, who was one of the surety of the accused in a prosecution under Section 138 of the Negotiable Instrument Act, 1881, was proceeded against under Section 446 Cr.P.C by registering M.C.No.11/2008 before the Court of Chief Judicial Magistrate, Kollam. The learned Chief Judicial Magistrate imposed a penalty of Rs.75,000/- each on the petitioner and the other surety. Aggrieved by the order passed by the Chief Judicial Magistrate the petitioner preferred an appeal before the Sessions Court, Kollam. Since the appeal was out of time he filed Crl.M.P.No.3264/2009 to condone the delay of 141 days. The learned Sessions Judge directed the petitioner to deposit a sum of Rs.3,000/- by way of costs within 10 days. Since the petitioner did not deposit the costs the learned Sessions Judge dismissed the application as per Annexure 4 order dated 6.4.2010. Hence this Crl.M.C. Crl. M.C. No.3458 of 2010 2 2. I am inclined to grant the petitioner some more time to deposit the amount which shall be defrayed towards the penalty to be imposed on the petitioner in case the appeal is dismissed or partly allowed. 3. Petitioner is accordingly given one month's time from today to deposit the sum of RS.3,000/- before the Sessions Court. This Crl.M.C is disposed of as above. Dated this the 18th day of August, 2010. V. RAMKUMAR, JUDGE sj