IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Crl.MC.No. 3286 of 2008() ------------------------- CRA.175/2008 of SESSIONS COURT, KOZHIKOE .................... PETITIONER: APPELLANT --------------------- B.K. DHARMANANDAN, AGED 42, S/O. KRISHNANKUTTY, BHAGAVATHIKANDI HOUSE, PAYYANAKKAL, KOZHIKODE-3. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: RESPONDENTS ------------------------ 1. M/S. SHRIRAM INVESTMENT LTD., KOZHIKODE, REP. BY M. PRAKASAN, POWER OF ATTORNEY HOLDER, SREEPADAM BUILDING, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3286 of 2008 ------------------------------------------------- Dated this the 28th day of August, 2008 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the Negotiable Instruments Act. He preferred an appeal. The appeal was admitted. His application for suspension of sentence was allowed subject to conditions. Inter alia, the condition imposed is that the petitioner must deposit an amount of Rs.80.000/- within a period of three months from 4/3/08. The petitioner has not deposited any part of the amount. At this juncture, he has come before this Court with this petition to set aside the condition for deposit. The learned counsel for the petitioner himself submits that there has been no reply to the notice of demand. No defence evidence has been adduced before the court below. The learned counsel submits that Crl.M.C. No. 3286 of 2008 -: 2 :- before the appellate court the prayer primarily shall be to secure an order of remand. The counsel submits that if the condition to deposit of Rs.80,000/- were insisted, that would virtually amount to denial of the right of the petitioner to have his appeal disposed of on merits as he will be compelled to go into custody during the pendency of the appeal. 2. I do not find much merit in the submission of the learned counsel for the petitioner. The fact that the petitioner who had suffered the impugned order on 4/3/08 has chosen to come to this Court on 27/8/08 itself reveals that the prayer does not have bona fides. However, I am satisfied that the petitioner can be granted time to make the payment. 3. In the result: (a) This Crl.M.C. is allowed in part. (b) Following directions are issued: (i) If the petitioner deposits an amount of Rs.30,000/- on or before 6/9/08, the learned Sessions Judge shall not execute the order till 6/10/08. The petitioner must pay the balance amount by that date. (ii) If the petitioner is unable to deposit the balance amount by that date, the petitioner must on 6/9/08 itself move the learned Sessions Judge for an expeditious out of turn Crl.M.C. No. 3286 of 2008 -: 3 :- disposal of the appeal. If such application is filed, the learned Sessions Judge must ensure that the appeal itself is disposed of by 6/10/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge