IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3614 of 2008()
1. SIVADASAN, S/O. KUTTAPPAN,
... Petitioner
Vs
1. JAMAL, S/O.KUNJUMARAKKAR
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.V.S.CHANDRASEKHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :25/09/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3614 of 2008
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Dated this the 25th day of September 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. The appeal was
admitted. His application for suspension of sentence was also
allowed subject to conditions. Inter alia there was a direction
that the petitioner must deposit an amount of Rs.65,000/- within
a period of three months from the date of the order that is
12/6/2008. The petitioner waited for the three months period to
be over and after the expiry of the period has come to this court
with this petition on 24/9/2008. He prays that the impugned
order may be set aside and he may not be compelled to pay the
amount of Rs.65,000/-.
2. It is by now trite that the appellate court, while
suspending the sentence, has the discretion to direct payment of
part of the cheque amount. Even the impugned judgment is not
produced and there is no serious contention raised against the
Crl.M.C.No.3614/08 2
correctness of the discretion exercised. The only contention is
that the petitioner finds it difficult to make the deposit now.
3. Having considered all the relevant circumstances, I
am not persuaded to agree that the discretion exercised by the
learned Appellate Judge does warrant any interference invoking
the extraordinary inherent jurisdiction under Section 482 Cr.P.C.
I am, at the same time, satisfied that the petitioner can be
granted some further time to make the payment.
4. In the result, this petition is allowed in part. If the
petitioner deposits an amount of Rs.15,000/- straight away – that
is within a period of one week from this date, he shall have time
till 15/11/2008 to pay the balance amount and if such payment is
so made, it shall be reckoned as sufficient compliance with the
directions in the order dated 12/6/2008 in M.P.No.2166/2008 in
Crl.A.424/2008.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008