IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MARCH 2007 / 7TH CHAITHRA 1929 Crl.MC.No. 1002 of 2007() ------------------------- AGAINST THE ORDER IN CRMP.6053/2006 IN CRA.1033/2006 of II ADDL.SESSIONS COURT, ERNAKULAM CC.60/2002 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM (CMP.5793/2006) .................... PETITIONER: 2ND ACCUSED IN C.C.NO.60/2002 AND APPELLANT IN CRL.APPEAL NO.1033/06 ------------ SUSAN JIMMY, W/O.JIMMY ELIAS, MANAGING PARTNER, M/S.PATTASSERIL CEMENT MARKETING NEAR BOY'S HIGH SCHOOL, TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SRI.E.M.MURUGAN RESPONDENTS: RESPONDENT IN CRL.APPEAL NO.1033/06 ------------- 1. P.D.PETER, S/O.LATE DEVASSY, MOHANA MANDIRAM, S.R.M ROAD, ERNAKULAM, KOCHI-682 011. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.1002 of 2007 ------------------------------------- Dated this the 28th day of March, 2007 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I Act. He has preferred an appeal. The appeal has been admitted. The execution of the sentence has been suspended subject to conditions. Inter alia, a condition is imposed that the petitioner must deposit an amount of Rs.1 lakh towards the amount of Rs.4,50,000/- payable as compensation. The petitioner was directed to pay the amount within one month from 22.12.2006. The learned counsel for the petitioner submits that the petitioner has secured extension of time and the extended time expires today. 2. The jurisdictional competence of the learned Sessions Judge to impose the condition is not disputed. But the learned counsel for the petitioner submits that the petitioner has a very good case to be advanced and if insistence were made on deposit of the amount, the petitioner will be forced to face the predicament of undergoing the impugned sentence even before the appeal is taken up for consideration. The learned counsel for the petitioner undertakes that the petitioner shall deposit half the amount ie. Rs.50,000/- (Rupees Fifty Thousand only) within a period of 45 days from this date. Crl.M.C.No.1002 of 2007 2 3. Having considered all the relevant circumstances, I am satisfied that directions in favour of the petitioner can be issued. 4. This Crl.M.C is, in these circumstances, allowed in part. The following directions are issued: i) The petitioner shall have time till 09.05.2007 to deposit the amount of Rs.50,000/- before the learned Magistrate; ii) The balance amount shall be paid on or before 11.06.2007. In case the petitioner is not able to raise the balance amount, it shall be open to the petitioner to report that fact to the learned Sessions Judge on or before 09.05.2007 and the learned Sessions Judge shall, in that event, dispose of the appeal itself on or before 11.06.2007. iii) The benefit of this order can be taken by the petitioner only if he deposits the amount of Rs.50,000/- as agreed by him on or before 09.05.2007. (R.BASANT, JUDGE) rtr/-