IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Crl.MC.No. 2330 of 2008() ------------------------- CRL.M.P.NO.490/08 IN CRL.APPEAL NO.117/08 OF ADDITIONAL SESSIONS JUDGE-I, MAVELIKKARA PETITIONER: ------------ MOLY, AGED 33 YEARS,W/O RAMACHANDRAN, CHAPRAYIL THEKKATHIL,MAHADEVIKADU MURI, KARTHIKAPPALLY VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHANACHANDRAN, S/O V.K.RAMAN, POCHAYIL PADEETTATHIL, MAHADEVIKADU MURI, KARTHIKAPPALLY VILLAGE. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2330 of 2008 ------------------------------------- Dated this the 20th day of June, 2008 ORDER Petitioner, a woman, has been found guilty, convicted and sentenced by the trial court in a prosecution under Section 138 of the Negotiable Instruments Act. She preferred an appeal. In the appeal, the sentence has been suspended subject to conditions. One of the conditions is that the petitioner must deposit an amount of Rs.10,000/-. The cheque is for an amount of Rs.50,000/- only. The petitioner is impecunious. The insistence on such deposit would virtually deny the petitioner of her valuable right of appeal. She will have to remain in custody till the appeal is disposed of. Subject to appropriate conditions, this contingency may be avoided. In the interests of justice, the said condition of deposit may be dispensed with, prays the learned counsel for the petitioner. The learned counsel for the petitioner submits that the petitioner shall get ready for hearing in the appeal. The appeal can itself be disposed of within any specified time, submits the learned counsel for the petitioner. Crl.M.C. No.2330 of 2008 2 2. In the facts and circumstances of the case, I am satisfied that appropriate directions may be issued under Section 482 Cr.P.C. Following directions are hence issued. i) The petitioner shall have time till 20.07.08 to pay an amount of Rs.3,000/- (Rupees Three thousand only) towards the amount directed to be deposited. ii) She shall have further time till 20.09.08 to pay the balance amount of Rs.7,000/- (Rupees Seven thousand only). iii) If she feels that she is unable to raise the balance amount, she must, on or before 19.07.08, request the learned Sessions Judge for an out of turn expeditious disposal of the appeal and in that event, the learned Judge shall receive the amount of Rs.3,000/- to be deposited on or before 20.07.08 and dispose of the appeal itself by 20.09.08. 3. Compliance shall be reported to this Court. 4. The warrant of arrest issued against the petitioner shall, in these circumstances, not be executed till 20.07.08. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-