IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Crl.MC.No. 4841 of 2008() ------------------------- CRL.M.P.NO.3782/08 IN CRL.A.NO.624/08 OF THE SESSIONS COURT, ERNAKULAM. PETITIONER(S): --------------- DR. T.V. VARGHESE, S/O. LATE T.C. VARGHESE, AGED 56 YEARS, RESIDING AT THEKKEKKARA HOUSE, MOULANA AZAD ROAD, CHULLIKKAL, KOCHI-5. BY ADV. SRI.C.J.JOY RESPONDENT(S): --------------- 1. ING VYSYA BANK, SHEMA BUILDING, RAVIPURAM BRANCH, REP. BY ITS POWER OF ATTORNEY HOLDER MR. VARADARAJAN.A. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4841 of 2008 ------------------------------------------------- Dated this the 12th day of December, 2008 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the Negotiable Instruments Act. He has preferred an appeal. His appeal was admitted. He applied for suspension of sentence. By the impugned order dated 13/8/08, the sentence was directed to be suspended subject to conditions. Inter alia, a condition was imposed that an amount of Rs.50,000/- must be deposited towards the fine imposed. The petitioner has now come to this Court claiming to be aggrieved by that order. The learned counsel for the petitioner submits that the petitioner is unable to raise the amount. If the condition were rigidly insisted, the petitioner will be constrained to undergo the sentence before his appeal is taken up for consideration. In these Crl.M.C. No.4841 of 2008 -: 2 :- circumstances, it is prayed that the condition may be modified. At any rate, the petitioner may be granted reasonable further time to make the payment. 2. I do note that the order was passed on 13/8/08 and a long period has elapsed after the date of the order. However, I am satisfied that the petitioner can be given some time to make the payment and avoid the predicament of being compelled to undergo the sentence even before the appeal is taken up for consideration. 3. In the result: (a) This Crl.M.C. is allowed. (b) The petitioner shall have time till 31/1/09 to pay the entire balance amount if the petitioner within a period of 10 days from this date deposits an amount of Rs.10,000/- towards the amount directed to be paid as per Annexure-A2 order and, of course, executes the bond as directed. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.4841 of 2008 -: 3 :-