IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 2622 of 2008() ------------------------- AGAINST THE ORDER DATED 25/06/2008 IN CRA.454/2008 IN CRMP.3093/2008 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... PETITIONER/APPELLANT/ACCUSED: ------------ T.R.SABU, AGED 39 YEARS, S/O.SREEDHARAN, ICDP SUB CENTRE, KODUMUDI VALIAKUNNU P.O., MALAPPURAM DIST. BY ADV. SRI.K.SUNILKUMAR RESPONDENTS/COMPLAINANT: ------------- 1. MADHUSOODANAN, AGED 50 YEARS, VATTOLIL VEEDU, IRINGOLE P.O., PERUMBAVOOR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2622 of 2008 ---------------------------------------- Dated this the 11th 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 Negotiable Instruments Act. He has preferred an appeal. The appeal has been admitted. Sentence was suspended subject to conditions. One of the conditions imposed is that the petitioner must deposit an amount of Rs.1,00,000/-. There is a direction in the judgment in the case to pay an amount of Rs.6,75,000/- which is the cheque amount. The impugned order was passed on 25/6/2008. The petitioner has not been granted any time to deposit the amount of Rs.1,00,000/-. The petitioner only prays that he may be granted two months time to make the payment. In response to a query by this court, the learned counsel for the petitioner submits that to prove the bona fides of the petitioner, he shall straight away deposit an amount of Rs.25,000/- before the learned Magistrate. I find the request of the petitioner to be legitimate and fair. The request in this petition can be accepted. Crl.M.C.No.2622/08 2 2. In the result, a) This Crl.M.C.is allowed. b) The petitioner shall have time till 11/9/2008 to deposit the amount of Rs.1,00,000/- (Rupees one lakh only) (balance thereof) on condition that he deposits an amount of Rs.25,000/- before the learned Magistrate within a period of fifteen days from this date.) (R.BASANT, JUDGE) jsr Crl.M.C.No.2622/08 3 Crl.M.C.No.2622/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008