IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Crl.MC.No. 2184 of 2009 --------------------------------------- ORDER IN MC.44/2008 IN ST.234/2005 of JFCM-IV, KOCHI CRA.220/2007 of ADDL. SESSIONS COURT (ADHOC-II), ERNAKULAM .................... PETITIONERS/ACCUSED: 1. V.A. ANANDAKUMAR, AGED 41 YEARS, S/O. ACHUTAN NAIR, WORKING AS GDS M.M. ERNAKULAM, RESIDING AT THALATHUR HOUSE, EROOR, ERNAKULAM, 2. T.K. VELAPPAN, S/O. KRISHNAN, THEKKINEZHATH HOUSE, NEDUNGAD, NAYARAMBALAM. BY ADV. SMT.SANDHYA RAJU RESPONDENT/RESPONDENT: STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2184 of 2009 -------------------------- ORDER First petitioner was the accused in S.T.No. 234/2005 on the file of Judicial First Class Magistrate's Court-IV, Kochi. Second petitioner was one of his sureties. Though first petitioner was convicted under Section 138 of Negotiable Instruments Act, in Crl.A.No.220/2007, consequent to the settlement with the complainant, offence was compounded on 21.1.2008. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-II notice issued under the Revenue Recovery Act for realisation of Rs.5,000/- due from the second petitioner. 2. Learned counsel appearing for the petitioners submitted that the amount demanded under Annexure- II notice is the penalty imposed by the Magistrate under Section 446 of Code of Criminal Procedure for forfeiture of the bond on failure of the first CRMC 2184/09 2 petitioner to appear before the court. It is argued that when offence was compounded, learned Magistrate was not justified in proceeding under Section 446 of code of Criminal Procedure. Annexure-II notice does not show when the order under Section 446 was passed, much less, it was after the disposal of the appeal. If the grievance of the petitioner is against the order passed under Section 446 of Code of Criminal Procedure, remedy of the petitioner is to file an appeal and not a petition of this nature under Section 482 of Code of Criminal Procedure. Petition is dismissed with liberty to file an appeal against the order passed under Section 446 of Code of Criminal Procedure. 6th July, 2009 (M.Sasidharan Nambiar, Judge) tkv