High Court Kerala High Court

Sivadasan vs Jamal on 25 September, 2008

Kerala High Court
Sivadasan vs Jamal on 25 September, 2008
       

  

  

 
 
  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.
                       ----------------------
                    Crl.M.C.No.3614 of 2008
                   ----------------------------------------
           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

Crl.M.C.No.3614/08 3

Crl.M.C.No.3614/08 4

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008