The petitioner herein is the appellant in Crl. Appeal 489/2014 of the Court of Session, Ernakulam. She challenges the conviction and sentence under Section 138 of the Negotiable Instruments Act. The amount involved is ₹ 3 lacks. As a condition for suspension of sentence, the appellate court directed the petitioner to make deposit of ₹ 60,000/- which is only a fraction of the fine amount.
The petitioner is aggrieved by the said condition. She accordingly seeks orders quashing the said condition imposed by the court below as per the order dated 28.10.2014 in Crl.M.P 2846/14. On hearing the learned counsel and on a perusal of the impugned order I find, that the condition imposed by the court below for suspension of sentence is not onerous at all. The amount directed to be deposited is only a fraction of the total amount involved. The petitioner cannot think that she will get orders unconditionally. I find no scope for interference in the condition imposed by the court below. In the given circumstances, it is quiet reasonable. However, some more time can be granted to the petitioner to make deposit, Crl. M.C No. 7130 of 2014 2 as requested by the learned counsel.
In the result, this Crl.M.C is dismissed, without being admitted to files. However, the petitioner is granted time till 31.12.2014 to make deposit of ₹ 60,000/- in court as ordered by the appellate court.
P.UBAID, JUDGE sab