IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Crl.MC.No. 947 of 2011() ----------------------------- CRMP.2840/2010 IN CRA.456/2010 of SESSIONS COURT, KOLLAM CC.996/2007 of JUDICIAL MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER(S):PETITIONER ---------------------------------- SOOJAKHAN, AGED 50 YEARS, S/O.IBRAHIM RAWTHER, KRISHI BHAVAN, ELAVALLY, THAVARATHY, THRISSUR. BY ADVS. SRI. K.SIJU SRI.A.MUHAMMED RAFFI SMT.BINDU GEORGE RESPONDENT(S): STATE ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. V.N.RAVEENDRAN, S/O.NANU, KAVITHA BHAVAN CHEMMANTHOOR, PUNALUR - 695 906. R1 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.947 of 2011 --------------------------------------- Dated this 01st day of April, 2011 ORDER Petitioner was convicted by the learned Judicial First Class Magistrate-III, Punalur in C.C.No.996 of 2007 for offence punishable under Secs. 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment till rising of the Court and payment of `.3,00,000/- as compensation. Petitioner preferred appeal as Crl.Appeal.No.456 of 2010 and filed Crl.M.P.No.2840 of 2010 for suspension of sentence. Learned Sessions Judge, Kollam passed Annexure-2, order on 03.11.2010 suspending sentence on conditions including that petitioner deposited 1/4th of compensation within one month from that day. Petitioner challenges the said order. Learned counsel submitted that the amount ordered to be deposited is excessive and that petitioner is not able to deposit the said amount. I have heard learned Public Prosecutor also. 2. The case arose in the year 2007 and learned Magistrate has directed deposit of `.3,00,000/- as compensation. Appeal is filed in the year 2010. I must also bear in mind the loss being suffered by the second respondent/complainant. It was well Crl.M.C.No.947 of 2011 -: 2 :- within the power of learned Sessions Judge to impose conditions while suspending the sentence. Having regard to the contentions raised I do not think it proper to interfere with the order passed by the learned Sessions Judge directing deposit of 1/4th of the amount as compensation. 3. Learned counsel requested that some time may be granted to the petitioner to deposit the amount. It is stated that on account of financial difficulties petitioner is not able to deposit the amount immediately. Having regard to the circumstances stated I am inclined to grant further time. Resultantly this criminal miscellaneous case is disposed of granting petitioner time till 16.05.2011 to deposit compensation as directed in Annexure-2, order dated 03.11.2010. If petitioner has not already executed the bail bond as ordered by the learned Sessions Judge he shall do so within two weeks from the date of receipt of a copy of this order subject to the condition of his depositing compensation within the time aforesaid. (THOMAS P JOSEPH, JUDGE) Sbna/-