IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 CRL.MC.NO. 2011 OF 2011() ----------------------------------------- AGAINST THE ORDER DATED 09/06/2011 IN CRMP 1878/2011 IN CRA.203/2011 OF SESSIONS COURT, KOTTAYAM .................... PETITIONER(S): PETITIONER/APPELLANT ---------------------------------------------------------- LEKHA, W/O.RAMAKRISHNAN, SREEVILASATHIL (THEKKEDATH), PALAKKARA, KADUTHURUTHY, VAIKOM. BY ADV. SRI.C.HARIKUMAR RESPONDENT(S): RESPONDENTS & STATE ---------------------------------------------------------------- 1. K.RAJU, S/O.KARUNAKARAN, VADUKKUMKATTIL, MARAVANTHURUTH KARA, VAIKOM-686141. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY PUBLIC PROSECUTOR SHRI JAYASURYA R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- ANNEXURE A1 TRUE COPY OF THE ORDER OF THE SESSIONS JUDGE, KOTTAYAM IN CRL. M.P. NO.1878 OF 2011 IN CRL. APPEAL NO.203 OF 2011. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.2011 of 2011 ==================================== Dated this the 01st day of July, 2011 O R D E R Petitioner faced trial in C.C. No.21 of 2009 of the court of learned Judicial First Class Magistrate-II, Vaikom for offence punishable under Section 138 of the Negotiable Instruments Act. She challenged her conviction and sentence in the court of learned Sessions Judge, Kottayam in Crl. Appeal No.203 of 2011. She also moved Crl. M.P. No.1878 of 2011 in that appeal for suspension of sentence. That petition was allowed as per order dated June 09, 2011 subject to conditions including that petitioner shall deposit Rs.60,000/- in the trial court within a month from that date. Learned counsel submitted that petitioner is a lady and she is unable to raise such amount. It is also submitted that petitioner is working in a private establishment at Ernakulam. I have heard learned Public Prosecutor also. 2. Having regard to the circumstances stated I am inclined to modify the condition regarding the amount to be deposited and grant some time to the petitioner to deposit the CRL.M.C. No.2011 of 2011 -: 2 :- said amount. Resultantly, Criminal Miscellaneous Case is allowed. In modification of Annexure-A1, order referred above it is directed that petitioner shall deposit Rs.40,000/- (Rupees Forty thousand only) in the trial court within forty five (45) days from this day. However petitioner shall execute the bail bond as directed by learned Sessions Judge subject to the deposit of the amount as aforesaid within the time granted, within three weeks from this day. THOMAS P. JOSEPH, JUDGE. vsv