IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2022 of 2011(C) -------------------------------------- PETITIONER(S): ----------------------- SASI PILLAI @ O. E. SASIDHARAN NAIR, AGED 59 YEARS, S/O.CHELLAPPAN NAIR, SREEBHAVAN, KUNNAM, VECHOOCHIRA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.N.ASOK KUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE TAHSILDAR, TALUK OFFICE, RANNI - 689 672. 3. THE VILLAGE OFFICER, CHETHACKAL, RANNI TALUK, PATHANAMTHITTA DISTRICT PIN - 689 672. R1 TO R3 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.2022 of 2011 --------------------------------------- Dated this 27th day of January, 2011 JUDGMENT As concurrently found by the courts, petitioner is convicted for offence punishable under Sec.138 of the Negotiable Instruments Act. He was directed to pay compensation of `.1,25,000/- to respondent No.2 and in default of payment to undergo simple imprisonment for three months. Since petitioner did not pay the amount of compensation he had to undergo the default sentence. Now, the Tahsildar, Ranni has issued Ext.P1, notice dated December 10, 2010 for recovery of the amount of compensation as per the distress warrant in C.C.No.353 of 2003 dated September 30, 2010 of learned Judicial First Class Magistrate, Ranni. Limited prayer made by petitioner in this proceeding is to grant some time for payment of the amount. Considering the difficulties of petitioner stated by learned counsel I am inclined to grant some time for payment of the compensation. Resultantly this criminal miscellaneous case is disposed of as follows. Petitioner is permitted to deposit compensation in the W.P(C).No.2022 of 2011 -: 2 :- trial court in the following lines: (a) Petitioner shall deposit for payment to respondent No.2 `.25,000/- (Rupees Twenty Five Thousand Only) within three weeks from this day. (b) Petitioner shall deposit the entire balance amount due within the period of three months from this day. (c) If any of the above condition is violated it will be open to the Tahsildar, Ranni to proceed with proceedings pursuant to Ext.P1. (d) Proceedings pursuant to Ext.P1, order dated December 10, 2010 of the Tahsildar, Ranni will stand in abeyance during the said period of three months or till default is committed, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-