IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 7047 of 2008(L) ------------------------- AGAINST THE ORDER IN EP.69/07 IN OS.1733/2001 of I ADDL.M.C.,ERNAKULAM .................... PETITIONER: -------------------- SANKARA NARAYANAN @ MURALI, S/O.BHARATHI AMMA, VELUTHEDATHU PARAMBIL, MARADU P.O., ERNAKULAM. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: ------------------------ 1. RAMACHANDRAN T.K., VADAKKETHALA PARAMBIL, THEKKUMBHAGAM VILLAGE, THRIPUNITHURA. 2. DILEEP KUMAR, S/O.SANKUNNI VAIDYER, SURESH BHAVAN, PERUMANOOR P.O., ERNAKULAM. 3. V.S.ANILKUMAR, S/O.SANKARA NARAYANAN, B3, VSRINDAVAN APARTMENTS, VELUTHEDATHU PARAMBIL, NADAMA VILLAGE, THRIPUNITHURA. 4. P.S.KUMARI, W/O.SANKARA NARAYANAN, B3, VRINDAVAN APARTMENTS, VELUTHEDATHU PARAMBIL, NADAMA VILLAGE, THRIPUNITHURA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 7047 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of February, 2008. J U D G M E N T This writ petition is filed with a prayer to set aside Ext.P2. Ext.P2 is the sale proclamation whereby the property of the writ petitioner is directed to be sold on 29.2.2008. In an earlier proceedings for the discharge of the decree debt the writ petitioner issued a cheque which was dishonoured that resulted in 138 proceedings and on 8.2.2008 the criminal Court has awarded simple imprisonment for two months and to pay an amount of Rs.1,00,000/- as compensation under Section 357(3) Cr.P.C. and in default to undergo simple imprisonment for two months. 2. Now, the writ petitioner is prepared to deposit the entire decree amount provided some time is given. It is submitted that he can deposit Rs.1,00,000/- tomorrow itself and thereafter the balance within another four weeks. The request is reasonable and therefore I direct the Court below W.P.C 7047 OF 2008 -:2:- to adjourn the sale posted for tomorrow by one month on condition that the writ petitioner pays an amount of Rs.1,00,000/- tomorrow. 3. So far as the other prayer it is always to be stated that a person cannot be doubly benefited by virtue of an order under Section 357(3) Cr.P.C. as well as of a civil Court decree. The amount due to him with necessary interest when is recovered certainly it is a point that has to be taken note of by the Court while granting the compensation under Section 357(3) Cr.P.C. I am informed that an appeal is filed before the appellate court as Crl.Appeal 134/08 and it is pending consideration. The writ petitioner is at liberty to point out these factors before the appellate court so far as the amount regarding under Section 357(3) Cr.P.C. is concerned. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-