LAWS(KER)-2007-3-288

SUSAN JIMMY Vs. P D PETER

Decided On March 28, 2007
SUSAN JIMMY, W/O.JIMMY ELIAS Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The 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.

(3.) Having considered all the relevant circumstances, I am satisfied that directions in favour of the petitioner can be issued.