IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Crl.MC.No. 375 of 2009() --------------------------------- CRL.MP.NO.3584/2008 IN CRA.620/2008 of SESSIONS COURT, ALAPPUZHA .................... PETITIONERS/APPELLANTS/COUNTER PETITIONERS --------------------------------------------------------------------------- 1. CLETUS, S/O.JOSEPH,THEKKEPALACKAL, MARARIKULAM SOUTH PANCHAYAT, KALAVOOR VILLAGE. 2. PURUSHOTHAMAN, S/O.GOVINDAN, CHELLATTUVELIYIL, MARARIKULAM NORTH PANCHAYAT, CHERTHALA. BY ADV. MR.GEORGE MATHEW MR.SUNIL KUMAR A.G RESPONDENT/RESPONDENT/PETITIONER ------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 375 OF 2009 --------------------------------- Dated this the 13th day of February, 2009 O R D E R This petition is filed against the order of the Sessions Judge, Alappuzha in Crl.M.P. 3584/2008. It was an application filed to condone the delay in filing the appeal. The court below directed the condonation of delay on condition that the petitioners therein deposit a sum of Rs. 10,000/- each before the court below within one month. It is against that decision this petition is filed. 2. The offence is under Section 138 of the Negotiable Instruments Act. The accused did not surrender before the court to receive the sentenced the court has to take coercive steps and in the process there was dis obeyance of the terms of the bond and so it was forfeited and an order has been passed whether there are sufficient grounds etc. are matters which the court has to consider at the time of consideration of the appeal. I feel, the direction to deposit Rs. 10,000/- each in this type of cases is slightly on the higher side. But there must be respect for the law and respect for the terms of the bond. So taking into Crl.M.C. 375/2009 -2- consideration that aspect, instead of directing them to deposit an amount of Rs. 10,000/- each, I direct them to deposit Rs. 3,000/- each with a direction to deposit the amount within three weeks from today. Thereafter the court shall condone the delay and dispose of the appeal considering the facts and circumstances if possible in a sympathetical manner. M.N. KRISHNAN,JUDGE vkm