IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Crl.MC.No. 3629 of 2011() ------------------------------------- CMP.2318/2011 of SESSIONS COURT, KOZHIKODE ST.NO.296/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONER(S)/ APPELLANT/ACCUSED ---------------------------------------------------------- SREERAJ,AGED 38 YEARS,S/O.M.K.VENU, SINDHU NIVAS,NEAR "JANMBHOOMI" KOZHIKODE. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT(S)/ COMPLAINANT ------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. ABDU NASEER,AGED 40 YEARS, S/O.BAPPU MUHAMMED,SAFIYA MANZIL,CHENNAMANGALOOR, KOZHIKODE.PIN- 673 101 R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3629/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE ORDER IN ST NO.296/2008 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THAMARASSERY. ANNEX A2 COPY OF THE ORDER IN CMP.2318/2011 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3629 of 2011 ---------------------------------------------------- Dated this the 24th day of October, 2011 Order While ordering suspension of the sentence in a criminal appeal filed by the accused in a case under Section 138 of the N.I.Act, the learned Sessions Judge ordered that the accused should, besides executing the bond, deposit Rs.75,000/- within 15 days from the date of the order. The order was passed on 17.9.2011. The cheque in question was for Rs.1,50,000/-. The learned counsel for the petitioner submits that the petitioner is in a very difficult condition and so because of the financial constraints, he is not in a position to deposit the amount. It is also submitted that since the cheque amount was only Rs.1,50,000/-, the direction to deposit Rs.75,000/- is too harsh. Considering all the aspects, the order regarding deposit will stand modified as follows: The petitioner will deposit Rs.20,000/- within one month Crl.M.C.3629/11 2 from today and another sum of Rs.20,000/- within six weeks from that date. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3629/11 3