Thampan Thomas vs State Of Kerala on 23 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3549 of 2008()



1. THAMPAN THOMAS
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SMT.A.SALINI LAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :23/09/2008

 O R D E R
                            R.BASANT, J
                    ------------------------------------
                   Crl.M.C. No.3549 of 2008
                    -------------------------------------
           Dated this the 23rd day of September, 2008

                                ORDER

Petitioner has been found guilty, convicted and

sentenced in a prosecution under Section 138 of the

Negotiable Instruments Act. He preferred an appeal. The

appeal was admitted. He prayed for suspension of

sentence. The request was allowed subject to conditions.

Inter alia, it was directed that the petitioner must deposit

an amount of Rs.10,000/- towards the compensation payable

within a period of one month from 11.08.08.

2. The petitioner has now come to this Court with

this petition under Section 482 Cr.P.C to challenge the

condition imposed. First of all it is prayed that a week’s

further time may be granted to make the payment.

Secondly and alternatively it is prayed that the amount of

Rs.10,000/- may be reduced.

3. It is now trite that an appellate court, while

suspending the sentence, can impose conditions regarding

deposit of amount. There can be no doubt on that aspect.

Crl.M.C. No.3549 of 2008 2

The question can only be whether that discretion was

exercised properly. Not even the judgment of the court

below is produced and no attempt is made to argue on

merits that the discretion exercised in imposing the

condition is not justified. The challenge raised against the

imposition of the condition is thus found to be without any

merit.

4. It is then submitted that the petitioner is not able

to deposit the amount within the period of one month. The

petitioner may be given a week’s further time to comply

with the order regarding deposit, it is prayed.

5. I am satisfied that the said request can be

considered favourably.

6. In the result, this Crl.M.C is allowed in part. The

petitioner shall have time till 30.09.08 to pay the amount of

Rs.10,000/- (Rupees Ten thousand only) as ordered by the

appellate court in Annexure-1order dated 11.08.08.

(R.BASANT, JUDGE)
rtr/-

Crl.M.C. No.3549 of 2008 3