IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4841 of 2008()
1. DR.T.V.VARGHESE
... Petitioner
Vs
1. ING VYSYA BANK REP.BY ITS P/A HOLDER
... Respondent
For Petitioner :SRI.C.J.JOY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :12/12/2008
O R D E R
R. BASANT, J.
-------------------------------------------------
Crl.M.C. No.4841 of 2008
-------------------------------------------------
Dated this the 12th day of December, 2008
ORDER
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. His appeal was
admitted. He applied for suspension of sentence. By the
impugned order dated 13/8/08, the sentence was directed to
be suspended subject to conditions. Inter alia, a condition was
imposed that an amount of Rs.50,000/- must be deposited
towards the fine imposed. The petitioner has now come to this
Court claiming to be aggrieved by that order. The learned
counsel for the petitioner submits that the petitioner is unable
to raise the amount. If the condition were rigidly insisted, the
petitioner will be constrained to undergo the sentence before
his appeal is taken up for consideration. In these
Crl.M.C. No.4841 of 2008 -: 2 :-
circumstances, it is prayed that the condition may be modified.
At any rate, the petitioner may be granted reasonable further
time to make the payment.
2. I do note that the order was passed on 13/8/08 and a
long period has elapsed after the date of the order. However, I
am satisfied that the petitioner can be given some time to make
the payment and avoid the predicament of being compelled to
undergo the sentence even before the appeal is taken up for
consideration.
3. In the result:
(a) This Crl.M.C. is allowed.
(b) The petitioner shall have time till 31/1/09 to pay the
entire balance amount if the petitioner within a period of 10 days
from this date deposits an amount of Rs.10,000/- towards the
amount directed to be paid as per Annexure-A2 order and, of
course, executes the bond as directed.
4. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy// P.S. to Judge
Crl.M.C. No.4841 of 2008 -: 3 :-