Petitioners herein stand convicted and sentenced under Section 138 of the Negotiable Instruments Act. Aggrieved by the conviction and sentence, they preferred appeal before the Court of Session, Kollam as Criminal Appeal No. 216/2014. In appeal, the learned Additional Sessions Judge-IV granted suspension of sentence on a condition that the petitioners shall deposit a fraction of the fine/compensation besides executing bond with two sureties. As directed by the Appellate Court, petitioners executed bond in time, but they could not deposit the amount. In view of failure to make deposit in time, the learned Magistrate issued warrant of arrest against the petitioners. Oral request made by the learned counsel for some time to make payment of the amount was turned down by the learned Magistrate. Now, the petitioners seek orders from this Court under Section 482 Cr.P.C. extending the time to make deposit. Crl.M.C.. No. 6029/2014 2 2. On hearing the learned counsel, I find that the petitioners have to make deposit in two other cases also. The total amount will come to nearly Rs.4 Lakhs. The learned Additional Sessions Judge granted time for only one month to deposit the huge amount. I find, in the present circumstances, that some time will have to be granted to the petitioners to make deposit of the amount, in the interest of justice. The petitioners are ready to make deposit, but they want some time to make money. I find that the request is genuine, and can be allowed.
In the result, this petition is allowed. Time for making deposit of fraction of the fine/compensation granted by the learned Additional Sessions Judge-IV, Kollam, to the petitioners on Crl.M.P. No. 2712/2014, will stand extended till 15.11.2014.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE