IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4864 of 2008() ------------------------- AGAINST THE ORDER DATED 17/09/2008 IN CRMP. 3559 /2008 IN CRA.636/2008 of SESSIONS COURT, THRISSUR ST.3100/2004 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER: --------------- JAMES.K.P. ,S/O.PAULOSE, KANJIRATHINGAL HOUSE, ALAGAPPANAGAR P.O., VARAKKARA, THRISSUR. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): --------------- 1. M.SUDHAKAR RAJA, 55 YEARS S/O. A.K.VASUDEVA RAO, SENIOR MANAGER VIJAYA BANK, THRISSUR. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4864 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act. The cheque is for an amount of Rs. 16 lakhs. The petitioner preferred an appeal, which was admitted. He prayed for suspension of the sentence. That prayer was allowed subject to conditions. Inter alia, a condition has been imposed that the petitioner must deposit an amount of Rs. 1 lakh towards the amount of Rs.16 lakhs. The petitioner claims to be aggrieved by the said direction. 2. The learned counsel for the petitioner submits that a civil suit has been filed and the property has already been attached. In these circumstances it is not necessary to direct deposit of part of the compensation amount by the criminal court. This in short is the contention. Crl.M.C.No. 4864 of 2008 2 3. I am unable to agree with the learned counsel. I am satisfied that the appellate court has committed no indiscretion warranting correction by invocation of the extra ordinary inherent jurisdiction in imposing the condition while suspending the sentence. However, I am satisfied that the petitioner can be given breathing time to raise and pay the amount. This petition can accordingly be allowed in part. 4. This Crl.M.C. is allowed in part. The petitioner is granted time till 28.2.2009 to pay the amount as directed on condition that he deposits an amount of Rs.25,000/- on or before 15.1.2009. If the petitioner is not able to raise the balance amount, he can while remitting the amount on or before 15.1.09 request the learned Sessions Judge for an expeditious disposal of his appeal and thereupon the learned Sessions Judge shall dispose of the appeal by 28.2.2009. (R. BASANT) Judge tm