IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Crl.MC.No. 814 of 2011() ---------------------------------- CRA.539/2010 of SESSIONS COURT, THRISSUR C.C.1041/2009 OF JUDICIAL FIRST CLASS MAGISTRTE COURT, KODUNGALLUR. .................... PETITIONER(S): PETITIONER ------------------------------------------- VASANTHI SHANMUGHAN, AGED 45 YEARS, W/O.PULIKKAL SHANMUGHAN, RESIDING AT PULIKKAL HOUSE, KAZHIMBRAM DESOM, VALAPPAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): ------------------------- 1. KESAVAN K.K., S/O.KRISHNAN, RESIDING AT KANJIRAPARAMBIL HOUSE, KARAYAMUTTOM DESOM, VALAPPAD VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R2 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.814 of 2011 -------------------------------------- Dated this the 15th day of March, 2011. ORDER Notice to respondent No.1 is dispensed with in view of the order I propose to pass in this petition. 2. On the complaint preferred by respondent No.1 petitioner faced trial for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”) and was convicted and sentenced to undergo imprisonment till rising of the court and to pay compensation of `.2,50,000/-. Petitioner preferred appeal as Crl.Appeal No.539 of 2010 before learned Sessions Judge, Thrissur. Learned Sessions Judge has suspended the sentence as per order on M.P.No.3312 of 2010 on condition of deposit of `.25,000/- within three months. Since that was not complied, petitioner filed Crl.M.P.No.3 of 2011 for extension of time. That petition was dismissed by the learned Sessions Judge. Hence this petition. Learned counsel submitted that petitioner is prepared to deposit the amount before 31.03.2011. I have heard learned counsel for petitioner and the learned Public Prosecutor. 3. Having regard to the difficulties expressed by petitioner I am inclined to grant time to the petitioner. Crl.MC No.814/2011 2 Resultantly this petition is allowed. The time for deposit of compensation ordered by the learned Sessions Judge, Thrissur is extended till 31.03.2011. THOMAS P.JOSEPH, Judge. cks