IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 4115 of 2006()
1. JOGGY JOSEPH
... Petitioner
Vs
1. STATE OF KERALA & ANOTHER
... Respondent
For Petitioner :SRI.GEORGE SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/12/2006
O R D E R
V. RAMKUMAR, J.
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Crl. M.C. No. 4115 of 2006
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Dated, this the 26th day of December 2006
ORDER
Petitioner who is an accused in C.C. 299/04 on the file of J.F.C.M.-II,
Alappuzha for an offence punishable under Section 138 of the Negotiable
Instruments Act involving a cheque for a sum of Rs. 1,50,000/- was convicted
by the Magistrate. He has filed an appeal before the Sessions Court, Alappuzha
as Crl.Appeal 514/06. He sought a suspension of the sentence and the
appellate court was pleased to suspend the sentence as per Annexure B order
dated 26-10-2006 in Crl. M.P. 3551/06. One of the conditions was to deposit
the sum of Rs. 40,000- (Rupees forty thousand only) before the trial court
within two months from the said date. It is the said order which is sought
to be quashed in this petition filed under Sec. 482 of Cr.P.C.
I am not inclined to entertain this petition except to grant two
months’ more time to comply with the direction for deposit of cash.
Accordingly, this Crl.M.C. is disposed of with a slight modification in the
impugned order granting the petitioner further two months period from the
period originally fixed for complying with the condition to deposit Rs. 40,000/-
before the trial court.
V. RAMKUMAR,
(JUDGE)
ani.