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SUSAN JIMMY, W/O. JIMMY ELIAS v. P.D.PETER, S/O. LATE DEVASSY - Crl MC No. 1002 of 2007  RD-KL 6491 (28 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 1002 of 2007()
1. SUSAN JIMMY, W/O. JIMMY ELIAS,
1. P.D.PETER, S/O. LATE DEVASSY,
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.VARGHESE C.KURIAKOSE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, JCrl.M.C.No.1002 of 2007
Dated this the 28th day of March, 2007
ORDERThe petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I Act. He has preferred an appeal. The appeal has been admitted. The execution of the sentence has been suspended subject to conditions. Inter alia, a condition is imposed that the petitioner must deposit an amount of Rs.1 lakh towards the amount of Rs.4,50,000/- payable as compensation. The petitioner was directed to pay the amount within one month from 22.12.2006. The learned counsel for the petitioner submits that the petitioner has secured extension of time and the extended time expires today.
2. The jurisdictional competence of the learned Sessions Judge to impose the condition is not disputed. But the learned counsel for the petitioner submits that the petitioner has a very good case to be advanced and if insistence were made on deposit of the amount, the petitioner will be forced to face the predicament of undergoing the impugned sentence even before the appeal is taken up for consideration. The learned counsel for the petitioner undertakes that the petitioner shall deposit half the amount ie. Rs.50,000/- (Rupees Fifty Thousand only) within a period of 45 days from this date. Crl.M.C.No.1002 of 2007 2
3. Having considered all the relevant circumstances, I am satisfied that directions in favour of the petitioner can be issued.
4. This Crl.M.C is, in these circumstances, allowed in part.
The following directions are issued:
i) The petitioner shall have time till 09.05.2007 to deposit the amount of Rs.50,000/- before the learned Magistrate; ii) The balance amount shall be paid on or before 11.06.2007. In case the petitioner is not able to raise the balance amount, it shall be open to the petitioner to report that fact to the learned Sessions Judge on or before 09.05.2007 and the learned Sessions Judge shall, in that event, dispose of the appeal itself on or before 11.06.2007. iii) The benefit of this order can be taken by the petitioner only if he deposits the amount of Rs.50,000/- as agreed by him on or before 09.05.2007.
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