IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2502 of 2008()
1. JOSE VARGHESE
... Petitioner
Vs
1. K.R.REJI
... Respondent
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/07/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 2502 of 2008
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Dated this the 4th day of July, 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. The appeal has
been admitted. Execution of the sentence stands suspended
subject to conditions. The petitioner is aggrieved by one such
condition imposed – that he should pay/deposit an amount of
Rs.75,000/- as condition for suspension of sentence.
According to the petitioner, the condition imposed is harsh and
if insisted would deprive him of the right to prosecute the
appeal. He will be forced to go to prison even before his
appeal is taken up for consideration. In these circumstances,
it is prayed that the condition imposed may be set aside.
2. It is by now trite that an appellate court is still within
Crl.M.C. No. 2502 of 2008 -: 2 :-
its jurisdictional competence to direct payment of part of the
cheque amount while directing suspension of sentence in a
prosecution under Sec.138 of the N.I. Act. The only question is
whether, in the facts and circumstances of this case, such
direction is not justified. The learned counsel for the petitioner
only submits that the petitioner is facing very difficult financial
situation and hence he is not able to make the payment. There
is no contention that the discretion exercised to direct deposit is
in itself bad for any reason. Of course, there is a submission that
the quantum deserves to be reduced.
3. Having considered all the relevant inputs, I am satisfied
that the petitioner can be granted further time to make the
payment. To this extent alone, this Crl.M.C. can succeed.
4. In the result, this Crl.M.C. is allowed in part. Following
directions are issued:
(i) The petitioner shall pay half the amount of deposit i.e.,
an amount of Rs.37,500/- on or before 4/8/08. He shall have
time till 4/9/08 to pay the balance amount. If the petitioner is
unable to raise the balance amount, the petitioner can, while
depositing the amount of Rs.37,500/- on or before 4/8/08,
Crl.M.C. No. 2502 of 2008 -: 3 :-
request the learned Sessions Judge to take up his case out of
turn and dispose of the same. In that event, the learned
Sessions Judge shall ensure that the appeal itself is disposed of
by 4/9/08.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge