VARKEY Vs. P M POULOSE

JUDGEMENT

(1.) The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the N.I. Act. He preferred an appeal. The execution of the sentence was suspended subject to conditions, inter alia, it is insisted that the the petitioner must deposit an amount of Rs.1 lakh within one month from 18/12/06.

(2.) The petitioner has come to this Court complaining against the harsh condition imposed. He submits that a civil case has already been filed and the property of the petitioner has been attached. The condition may be set aside; at least, some further time may be granted to comply with the condition. It is submitted that if the condition were not set aside or time granted, it would virtually compel the petitioner to undergo the sentence even before his appeal is considered by the appellate court on merits.

(3.) Having heard the learned counsel for the petitioner, I am satisfied that this Crl.M.C. can be allowed in part subject to directions.