IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4558 of 2008() ------------------------- CRA.466/2008 of ADDL.SESSIONS COURT-II, KOZHIKODE .................... PETITIONER/APPELLANT/ACCUSED: --------------- MUHAMMEDALI, S/O.MUHAMMED UBELULLA, AGED 72 YEARS, NO.42, ST.JOHNS CHURCH ROAD, CLEVELAND TOWN, BANGALORE. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT/STATE & COMPLAINANT: --------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASSAINAR, S/O.THARUVAI, THEVEROTH HOUSE, KARAYAD, MEPPAYYOOR. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4558 of 2008 ---------------------------------------- Dated this the 25th day of November 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 preferred an appeal. That appeal was admitted. He applied for suspension of sentence. The suspension of sentence was allowed subject to conditions. He was directed to deposit a specified amount before the learned Magistrate. He did not deposit the amount within the stipulated period. He asked for extension of time. He was granted extension of one month as per Annexure A1 order dated 26/7/2008. He has not remitted the amount even within the stipulated period as per Annexure A1 order. He has now come before this court to submit that his failure/omission may be condoned and he may be permitted to deposit the amount straight away. 2. I am satisfied in the facts and circumstances of this case that the request of the petitioner can be accepted. If the Crl.M.C.No.4558/08 2 petitioner deposits the amount on or before 03/12/2008, it shall be reckoned as sufficient compliance with the order dated 26/7/2008 in Crl.M.A.No.2084/2008 in Crl.A.No.466/08. 3. This petition is allowed to the above extent. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4558/08 3 Crl.M.C.No.4558/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008