IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3587 of 2008() ------------------------- CRA.459/2008 of SESSIONS COURT, KOTTAYAM ST.288/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, KANJIRAPPALLY .................... PETITIONER(S): APPELLANT/ACCUSED -------------------------------- T.SURESH BABU, THAVANAPLACKAL HOUSE, MANJAPPALLYKUNNU, PONKUNNAM. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENTS(S): RESPONDENTS/COMPLAINANT & STATE ----------------------------------------------- 1. P.N.SIVADAS, S/O.NARAYANAN, POIKAPLACKAL, PONKUNNAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3587 of 2008 ---------------------------------------- Dated this the 24th day of September 2008 O R D E R The petitioner has been found guilty convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He preferred an appeal. The appeal was admitted. Execution of sentence was suspended subject to conditions. Inter alia, it was directed that the petitioner must deposit Rs.50,000/- within a period of one month from 04/08/2008. The petitioner has not deposited the amount. He has come to this court to challenge the said condition imposed. 2. The said condition does not suffer from any infirmity whatsoever. However, I am satisfied that the request of the learned counsel for the petitioner for some further time to make the payment can be accepted. 3. In the result, a) This Crl.M.C is allowed in part. b) If the petitioner deposits an amount of Rs.10,000/- within a period of ten days from this date, the petitioner shall Crl.M.C.No.3587/08 2 have time till 15/11/2008 to make the balance payment and if such payments are made, it shall be reckoned as sufficient compliance with Annexure II order dated 04/08/2008 in Crl.M.P.No.1914/2008. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3587/08 3 Crl.M.C.No.3587/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008