IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 Crl.MC.No. 164 of 2011() --------------------------------- CC. NO.239/2008 OF JUDICIAL FIRST CLASS MAGISTRATE, ERATTUPETTA ........... PETITIONER(S): ACCUSED: ------------------------------------- ANIL.V.J., S/O.JALAL, AVALIYAPARAMBIL HOUSE, ERATTUPETTA. BY ADV. SRI.BABY THOMAS RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS MANAGER BABY JOHN. R1 BY PUBLIC PROSECUTOR SRI.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.164 of 2011 --------------------------------------- Dated this 19th day of January, 2011 ORDER Respondent No.2 filed a complaint against petitioner in the court of learned Judicial First Class Magistrate, Erattupeta for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) alleging that cheque for `.48,561/- issued by petitioner was dishonoured for insufficiency of funds and that in spite of dishonour intimation, petitioner did not pay the amount. Petitioner appeared in court and pleaded guilty under Sec.265A of the Code of Criminal Procedure. Thereon learned Magistrate disposed of the case by Annexure-3, judgment dated 25 May, 2010 whereby petitioner was convicted for the said offence and sentenced to pay fine of `.48,561/- and in default of payment to undergo simple imprisonment for three months. Petitioner was granted six months' time (from the date of Annexure-3, judgment) to pay the fine. This petition is filed by the petitioner requesting further time for deposit of the fine amount. It is stated that petitioner was undergoing inpatient treatment at Medical College Hospital, Kottayam on various occasions and in the circumstances he was not able to raise the Crl.M.C.No.164 of 2011 -: 2 :- amount. In the circumstances stated, I am inclined to grant four (4) months' time from 25.11.2010 to deposit fine in the trial court as ordered in Annexure-3, judgment. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-