IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Crl.MC.No. 3894 of 2011() ------------------------- AGAINST THE ORDER IN CRL.M.P.No.3182/2011 IN CRL.A.No.505/2011 OF THE COURT OF SESSIONS, PALAKKAD. --------------------------- PETITIONER(S)/PETITIONER/APPELLANT :- ---------------------------------------------------------------- THAYYIL AHAMMED MUSTAFA @ AHAMMED THAYYIL, 18/651, THAYYIL HOUSE, MAITHRI NAGAR PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S)/RESPONDENTS :- -------------------------------------------------- 1. PUNJAB NATIONAL BANK LTD G.B. ROAD, PALAKKAD, PIN - 678 001. REPRESENTED BY SANTHOSH KUMAR, S/O. R.S NAIR SENIOR MANAGER. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI - 682 031. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.MC.No. 3894 of 2011 APPENDIX PETITIONER(S) EXHIBITS :- ANNEXURE A:- TRUE COPY OF THE JUDGMENT IN CC.499/2010 OF THE 'LEARNED JFCM -11, PALAKKAD DT.16.9.2011. ANNEXURE B:- TRUE COPY OF THE ORDER IN CRL.M.P.3182/2011 IN CRA.505/2011 DT.17.10.2011 OF THE COURT OF SESSION, PALAKKAD. RESPONDENTS' EXHIBITS :- NIL //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3894 of 2011 ----------------------------------- Dated this the 17th day of November 2011 O R D E R Petitioner was convicted and sentenced by the learned Magistrate for offence punishable under Sec.138 of the N.I.Act and he was inter alia sentenced to pay Rs.4,00,000/- as compensation also. While ordering suspension of sentence, the learned Sessions Judge directed that the petitioner should deposit Rs.1,30,000/- within one month from the date of the order; 17.10.2011. The learned counsel for the petitioner submits that business of the petitioner went in loss and he is in utter financial constraints and so three months time may be granted for payment of the amount. It is not proper to grant that much time. But the condition can be modified as follows :- Petitioner will deposit Rs.40,000/- within one month from today. Another Rs.40,000/- shall be paid within one Crl.M.C. No.3894 of 2011 -: 2 :- month from that date and the balance sum of Rs.50,000/- shall be paid within one month from that date. It is also directed that on the date of making the first payment, he shall also file an affidavit before the learned Magistrate that he will pay the balance amount as ordered above within the time prescribed. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt