IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 30169 of 2008(N) -------------------------- CRA.706/2008 of D.C. & SESSIONS COURT,KOZHIKODE ST.467/2006 of J.M.F.C.-IV,KOZHIKODE .................... PETITIONER(S): --------------- T. VISWANATHAN, S/O. VELAYUDHAN, AGED 35 YEARS, THOPPIL HOUSE, KALLIKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): --------------- 1. M/S. SHRIRAM INVESTMENT LTD., CALICUT, REP. BY POWER OF ATTORNEY HOLDER PRAKASH, AGED 27 YEARS, S/O.K. MADHAVAN, SREEPADAM BUILDINGS, CALICUT-32. 2. STATE, REP. BY PUBLIC PROSECUTOR, KOZHIKODE. BY G.P. SRI. S.U.NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P.(c) No. 30169 of 2008-N ------------------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the Negotiable Instruments Act. He has preferred an appeal. The appeal has been admitted. Execution of the sentence is suspended subject to conditions. One of the conditions prescribed is that the petitioner shall deposit an amount of Rs.50,000/- by 17/10/08 and shall produce the voucher before the appellate court on 18/10/08. The petitioner has not been able to deposit this amount. He has come before this Court with a prayer that he may be given sufficient time to deposit the said amount of Rs.50,000/-. Till then, the sentence may not be executed against him. A warrant of arrest has been issued by the trial court to procure the presence of the petitioner to execute the W.P.(c) No. 30169 of 2008-N -: 2 :- impugned sentence. 2. Having considered all the relevant circumstances, I am satisfied that the petitioner's prayer can be allowed. He can be given sufficient time to pay the amount of Rs.50,000/- as directed. Appropriate conditions can be imposed. 3. Though several contentions are seen raised in the writ petition at the stage of arguments, after discussions at the Bar, no other contentions are pressed. 4. In the result: (a) This writ petition is allowed. (b) The impugned order is modified. (c) The petitioner shall deposit an amount of Rs.30,000/- on or before 31/10/08. He shall deposit the balance amount of Rs.20,000/- by 29/11/08. If he so deposits the amounts, it shall be reckoned as sufficient compliance with the order dated 16/8/08 in Cr.M.P.No.2321/08 in Crl.A.No.706/08 pending before the Sessions Court, Kozhikode. (d) Coercive processes shall not be executed against the petitioner if he complies with the above direction. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge W.P.(c) No. 30169 of 2008-N -: 3 :-