IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Crl.MC.No. 1780 of 2008() ------------------------- AGAINST THE ORDER DATED 07/04/2008 IN CRMP 1899/08 IN CRA.273/2008 of SESSIONS COURT, ERNAKULAM .................... PETITIONER: APPELLANT --------------------- A.K.SEBASTIAN ,AGED 55 YEARS, S/O. A.L.KUNJU VAREED, ALANGADAN HOUSE GODOWN ROAD, EDAPPALLY TOLL, COCHIN-24 BY ADV. SRI.DINESH R.SHENOY RESPONDENTS: ------------- 1. SAJI, AGED ABOUT 24 YEARS, W/O. NAVEENT HOMAS, 32/326, NETTIKKADEN HOUSE, GODOWN ROAD, EDAPPALLY TOLL, KOCHI, 24, REP. BY HER POWER OF ATTORNEY HOLDER N.C.THOMAS, AGED ABOUT 64 YEARS, 32/326, NETTIKKADEN HOUSE, GODOWN ROAD, EDAPPALLY TOLL, KOCHI-24 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 1780 of 2008 ------------------------------------------------- Dated this the 2nd day of May, 2008 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the Negotiable Instruments Act. His appeal was admitted and execution of the sentence was suspended subject to conditions, inter alia, that he must deposit an amount of Rs.50,000/- on or before 7/5/08. The petitioner claims to be aggrieved by the condition. 2. I have heard the learned counsel for the petitioner and I am satisfied that appropriate direction can be issued. 3. This petition is accordingly allowed. The said condition shall stand modified. The petitioner shall have time till 30/6/08 to make the deposit of Rs.50,000/-. If the petitioner is not able to make such deposit, the petitioner shall on or before 24/5/08 file a petition to that effect before the learned Crl.M.C. No. 1780 of 2008 -: 2 :- Sessions Judge who shall thereupon ensure that the appeal is disposed of by 30/6/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge