IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Crl.MC.No. 2576 of 2008() ------------------------- AGAINST THE ORDER IN CRMP.239/2006 IN CRA.50/2006 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVUR .................... PETITIONER/ACCUSED: --------------------------------- RAJEEV, 35 YEARS ADAYATTU HOUSE, MANNOM P.O. NORTH PARAVUR. BY ADV. SRI.S.RAJEEV RESPONDENTS/STATE: ----------------------------------- 1. RAJIV C.N., S/O. NARAYANAN ALINGAPAKKOM, KIZHAKKEPRAM THATHAPPALLY P.O. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2576 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act. He preferred an appeal which was admitted and the execution of the sentence was suspended subject to conditions. Inter alia the petitioner was directed to deposit an amount of Rs.25,000/- The petitioner came to this Court for deletion of the said condition. Another Bench of this Court indulgently granted the petitioner three months further time to deposit the said amount. Alternatively it was suggested that the petitioner can move for early disposal, in which event, the case must be disposed of by the learned Sessions Judge within a period of three months. 2. The petitioner appears to have done neither. He has no grievance that the Sessions Judge is at fault in disposing of the appeal. He has now come to this Court for extension of time to make deposit of the said amount of Rs.25,000/- He is now willing to deposit the amount, it is submitted. Crl.M.C.No. 2576 of 2008 2 3. The conduct of the petitioner, it appears to me, does not entitle him to any such indulgent direction. Extension of time for deposit of the amount was granted long earlier in 2006. However, I take note of the submissions of the learned counsel for the petitioner and chooses to issue a revised order of suspension modifying the condition of deposit already issued. 4. The said condition of deposit is hereby modified and it is directed that if the petitioner deposits half the cheque amount i.e. an amount of Rs. 35,000/-, being half of the cheque amount of Rs.70,000/-, within two weeks from this date, the learned Magistrate shall reckon the same as sufficient compliance of the direction for suspension already issued and shall ensure that the sentence is not executed till the disposal of the appeal. 5. This Crl.M.C. is dismissed with the above directions. (R. BASANT) Judge tm