IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 1796 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.1303/2011 Dated 13/05/2011 CRA.6/2010 of SESSIONS COURT, KASARAGOD .................... CC.NO.580/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,HOSDURG ....................... PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------- P.V.VALSARAJ, S/O.GOVINDAN NAMBIAR, RESIDING AT SREEVALSAM, THODIKALAM, KANNAVAM, KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------------------------------------- 1. K.RAGHUNATH, AGED 43 YEARS, MANAGING DIRECTOR, M/S.ARUNDHATHI CHEMICALS FERTILIZER (PVT.)LTD., NILESHWAR.P.O., NILESHWAR-671 314. 2. STATE OF KERALA, REP.BY ITS PUBLIC PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1796/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX,A1: COPY OF THE JUDGMENT IN CRIMINAL REVISION PETITION 1303/2011 ON THE FILE OF THE HON'BLE HIGH COURT DTD. 13/05/2011. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1796 of 2011 ==================================== Dated this the 15th day of June, 2011 O R D E R Learned Judicial First Class Magistrate-I, Hosdurg convicted and sentenced petitioner in C.C. No.580 of 2008 for offence punishable under Section 138 of the Negotiable Instruments Act. Petitioner preferred Criminal Appeal No.6 of 2011 in the court of learned Sessions Judge, Kasargod. The appeal was dismissed. Challenging that judgment petitioner filed Crl. R.P. No.1303 of 2011 in this Court. This Court disposed of the revision as per order dated May 13, 2011. Sentence of imprisonment was modified as simple imprisonment till rising of the court. Petitioner was directed to pay compensation of `26,000/- to the first respondent within one month from that date and in default to undergo imprisonment for one month. Learned counsel submitted that the time granted by this Court expired by 13.06.2011. Learned counsel also submitted that on account of financial difficulties petitioner was not able to raise the amount. Petitioner requests for extension of time. I have heard learned Public Prosecutor also. Having regard to the circumstances stated I am inclined to allow the request. CRL.M.C. No.1796 of 2011 -: 2 :- Resultantly Criminal Miscellaneous Case is allowed in the following lines: (i) Petitioner is directed to appear in the court of learned Judicial First Class Magistrate-I, Kasargod on 07.07.2011 to receive the sentence. (ii) Petitioner shall deposit the amount of `26,000/- (Rupees Twenty six thousand only) in the trial court on or before that day. (iii) Warrant of arrest if any issued to the petitioner will stand in abeyance till 07.07.2011. THOMAS P. JOSEPH, JUDGE. vsv