JOGGY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) 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.

(2.) 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.