RAFEEQUE POCKER Vs. K P MOIDEEN

JUDGEMENT

(1.) The petitioner is the accused in a prosecution under Section 138 of the N.I Act. He has been found guilty, convicted and sentenced. He has preferred an appeal. The appellate court by the impugned order, a copy of which is produced as Annexure-1, directed that the sentence be suspended subject to conditions. One of the conditions imposed is that the petitioner must deposit an amount of Rs.20,000/- before the trial court within a period of one month from 09.11.2006. The petitioner has not been able to make the payment in time. He has come to this Court with this Crl.M.C challenging the said order.

(2.) The short request made by the learned counsel for the petitioner when the matter came up for hearing is only that the petitioner may be granted short breathing time to make the payment.

(3.) In the circumstances explained, I am satisfied that the request of the petitioner can be accepted. This Crl.M.C is, accordingly allowed and the petitioner is granted time till 31.12.2006 to make the payment/deposit of Rs.20,000/- as directed in Annexure-1.