IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Crl.MC.No. 4071 of 2010(P) ---------------------------------------- CC.8/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): ACCUSED -------------------------------------- PEARL KURIAN, AGED 53 YEARS, S/O.PUDUKKADAN KURIAN, NETTISSERY VILLAGE, MUKKATTUKARA DESOM, TRICHUR-680 657. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.U.P.BALAKRISHNAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. M/S.SAKTHAN KURIES & LOANS (P) LTD., PALLIKULAM ROAD, THRISSUR, REPRESENTED BY LITIGATION CLERK, P.R.FRANCIS, S/O.RAPPAI, PUTHUR HOUSE, P.O.PARAPPUR, THRISSUR-680 552. 2. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. SRI.G.SREEKUMAR (CHELUR), SRI.K.RAVI (PARIYARATH). R2 BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.4071/2010 APPENDIX PETITIONER'S ANNEXURES A1l0 COPY OF THE COMPLAINT FILED BY IST RESPONDENT. A2:- COPY OF THE JUDGMENT IN CC. 8/07 ON THE FILE OF THE JUDICIAL MAGISTRATE OF I CLASS I, THRISSUR DTD. 29.8.2009. A3:- COPY OF THE SUIT IN OS. 772/2006 FILED BY IST RESPONDENT. A4:- COPY OF THE SALE PROCLAMATION NOTICE. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.4071 of 2010 - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2011. O R D E R Heard the learned counsel for the petitioner, the learned counsel for respondent No.1 and the learned Public Prosecutor. 2. The petitioner is the accused in C.C. No. 8 of 2007 on the file of the Judicial First Class Magistrate-I, Thrissur for an offence punishable under Section 138 of the Negotiable Instruments Act. By judgment dated 29.08.2009 in C.C. No. 8 of 2007, the petitioner was directed to pay `2,07,000/- on or before 08.05.2010, the relevant portion of which reads as under: “In the result, the accused is found guilty u/s 138 of N.I. Act, and he is released u/s 3 of P.O. Act after due admonition and further the accused is directed to pay the complainant a compensation of `2,07,000/- u/s 5(1)(a) of the P.O Act, within nine months (i.e., on or before 08.05.2010) from 08.08.2009, failing which the accused shall suffer simple imprisonment for one month. It is made clear that the accused is not disqualified in any manner due to this conviction in view of Sec. 12 of P.O. Act except when he commits defaults in paying compensation and incur liability for default imprisonment.” The learned counsel for the petitioner states that he will pay the entire amount by 15.12.2011. The learned counsel for respondent No.1 has no objection to it. As agreed by both sides, I direct that the time for payment is extended till 15.12.2011. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv