IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2210 of 2008()
1. SHEEBA SURENDRAN AGED 36 YEARS.
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. SANTHOSH ABRAHAM, AGED 40 YEARS,
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :16/06/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 2210 OF 2008
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Dated this the 16th day of June, 2008
O R D E R
The petitioner faces indictment in a prosecution under
Section 138 of the Negotiable Instruments Act. She has been
found guilty, convicted and sentenced. She preferred an appeal.
The appeal was admitted. Sentence was suspended subject to
conditions. The cheque is for an amount of Rs.3 lakhs. There is a
direction to the petitioner that she must deposit an amount of
Rs.80,000/-. If insistence were made on such condition, that will
result in denial of the right of the petitioner to challenge the order
in appeal. In these circumstances, it is prayed that the impugned
order may be set aside and the condition for deposit of the amount
may be set aside.
2. I have heard the learned counsel for the petitioner. It is by
now trite that the appellate court has jurisdictional competence to
direct deposit of part of the fine/compensation amount. The only
statement is that the petitioner is not able to raise the amount. I
am satisfied that appropriate directions can be issued in the
interest of justice.
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3. Petitioner shall deposit an amount of Rs.10,000/- before
the learned Magistrate within a period of one month (on or before
16.07.08) from this date. She shall be given two months further
time from 16.07.08, to deposit the balance amount. If the
petitioner is able to raise the balance amount, she shall on or
before 16.07.08 file a statement to that effect before the Sessions
Judge and thereupon the learned Sessions Judge must dispose of
the appeal within the said period of two months. Compliance shall
be reported to this Court.
4. This Crl.M.C is allowed in part to the above extent.
R. BASANT, JUDGE
ttb
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