IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3656 of 2008() ------------------------- AGAINST THE ORDER DATED 16/09/2008 IN CRMP 3512/08 IN CRA.331/2008 of SESSIONS COURT, THRISSUR .................... PETITIONER(S): --------------- JAFAR SADIQUE, S/O ABOOBACKER HAJI, KOTTAKKATTIL HOUSE, KALLUR DESOM, VADAKKEKAD AMSOM, VADAKKEKAD P.O., THRISUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT/COMPLAINANT & STATE --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSEUCOTR, THRISSUR. 2. VARGHESE P.F., PULIPARAMBIL HOUSE, ARTHAT VILLAGE, ARTHAT DESOM, TALAPILLY TALUK, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3656 of 2008 ---------------------------------------- Dated this the 29th day of September 2008 O R D E R The petitioner was found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. His appeal was admitted. His application for suspension of sentence was allowed subject to conditions. The petitioner could not comply with the condition to deposit promptly. He applied for extension of time. Extension of time was granted once. When the application was made again on the second time, the learned Magistrate rejected the same. The petitioner is aggrieved by that objection. The learned counsel for the petitioner submits that the entire amount payable under the order of suspension shall be paid by the petitioner if a short breathing time is given. The amount is now readily available with him, it is submitted. Though he offered willingness to remit the amount after one day fixed for payment, the same was not received by the court below. Crl.M.C.No.3656/08 2 2. I am satisfied, in these circumstances, that the petitioner can be granted time till 06/10/2008 to make the payment. 3. This Petition is allowed. Time for making the payment is extended till 06/10/2008. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3656/08 3 Crl.M.C.No.3656/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008