IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Crl.MC.No. 3614 of 2008() ------------------------- AGAINST THE ORDER DATED 12/06/2008 IN CRMP 2166/08 IN CRA.424/2008 of SESSIONS COURT, THRISSUR .................... PETITIONER(S): PETITIONER ------------------------- SIVADASAN, S/O. KUTTAPPAN, IDAVANAPARAMBIL HOUSE, THEKKUMKARA VILLAGE, KONATHUKUNNU DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.PRAISHEEL PRAKASAM SRI.T.PRAVEEN SMT.BEATRICE FERIA RESPONDENT(S): RESPONDENTS -------------------------- 1. JAMAL, S/O.KUNJUMARAKKAR KOYALIPARAMBIL HOUSE, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3614 of 2008 ---------------------------------------- Dated this the 25th day of September 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He preferred an appeal. The appeal was admitted. His application for suspension of sentence was also allowed subject to conditions. Inter alia there was a direction that the petitioner must deposit an amount of Rs.65,000/- within a period of three months from the date of the order that is 12/6/2008. The petitioner waited for the three months period to be over and after the expiry of the period has come to this court with this petition on 24/9/2008. He prays that the impugned order may be set aside and he may not be compelled to pay the amount of Rs.65,000/-. 2. It is by now trite that the appellate court, while suspending the sentence, has the discretion to direct payment of part of the cheque amount. Even the impugned judgment is not produced and there is no serious contention raised against the Crl.M.C.No.3614/08 2 correctness of the discretion exercised. The only contention is that the petitioner finds it difficult to make the deposit now. 3. Having considered all the relevant circumstances, I am not persuaded to agree that the discretion exercised by the learned Appellate Judge does warrant any interference invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. I am, at the same time, satisfied that the petitioner can be granted some further time to make the payment. 4. In the result, this petition is allowed in part. If the petitioner deposits an amount of Rs.15,000/- straight away - that is within a period of one week from this date, he shall have time till 15/11/2008 to pay the balance amount and if such payment is so made, it shall be reckoned as sufficient compliance with the directions in the order dated 12/6/2008 in M.P.No.2166/2008 in Crl.A.424/2008. (R.BASANT, JUDGE) jsr Crl.M.C.No.3614/08 3 Crl.M.C.No.3614/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008