IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 358 of 2010() ------------------------ ST.1245/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, PALA .................... PETITIONER(S)/ACCUSED: ------------------------------------ ROSAMMA JOSEPH, MILMA BOOTH AGENCY, RAMAPURAM P.O., RAMAPURAM, KOTTAYAM DISTRICT, RESIDING AT EETTACKAL (H), CHAKKAMPUZHA P.O. BY ADV. SRI.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE RESPONDENT(S)/COMPLAINANT: ---------------------------------------------- 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. REPRESENTED BY ITS RAMAPURAM BRANCH MANAGER, T.N. RAMACHANDRA KAIMAL, S/O. NARAYANA KAIMAL, R/AT SREE RANGAM, NECHIPOOZHOOR P.O., PALA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI. T.A. SHAJI. R2 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 358 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking extension of the period granted by the court below to effect payment of the amount as per order dated 31.7.2009 in S.T. No.1245 of 2006 on the file of the Judicial Magistrate of the First Class-II, Pala. 2. Petitioner was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. She went in for plea bargain. Accordingly, an order was passed directing the petitioner to pay a sum of Rs.42,542/- as compensation, and in default of payment of which, the petitioner had to undergo simple imprisonment for one and a half months. The petitioner had given six months time to pay the compensation. Crl.M.C.358/2010. 2 3. Petitioner points out that she was unable to raise the funds to pay the compensation for several reasons including the illness of her husband, and she prays for extension of time to make the payment. 4. Heard learned counsel for the first respondent and the learned Public Prosecutor. 5. Considering the various facts and circumstances, it is felt that a short extension can be granted to the petitioner to enable her to raise the funds to make the payment. In the result, this petition is disposed of granting two months time from today to make the payment as ordered by the JFCM-II, Pala in S.T. 1245 of 2006. P. BHAVADASAN, JUDGE sb.