IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 OP(CRL.).NO. 684 OF 2011(Q) ------------------------------------------ ST.1651/2008 OF J.M.F.C.II, PALA .................... PETITIONER/ACCUSED -------------------------------------- SURESH DAMODHARAN,S/O.DAMODHARAN, PARAPPURATHU HOUSE, NOW WORKING AS ADVOCATE CLERK OF V.T.THOMAS,ADVOCATE PALA. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): COMPLAINANTS-STATE ------------------------------------------------------------ 1. BIJO JOSE,S/O.M.J.JOSE, AGED 31 YEARS, MANIVELIL HOUSE, RAMAPURAM BAZAR PO, MARANGADU VIA, MEENACHIL TALUK 686 589. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM 682 031. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.684 of 2011 ==================================== Dated this the 21st day of February, 2011 J U D G M E N T Notice to the first respondent is dispensed with in view of the order I propose to pass. 2. Petitioner is accused in S.T. No.1651 of 2008 of the court of learned Judicial First Class Magistrate-II, Pala for offence punishable under Section 138 of the Negotiable Instruments Act. He was convicted and sentenced to undergo simple imprisonment till rising of the court and payment of compensation of Rs.27,500/- within six months from the date of that order which period expired on 05.02.2011. Petitioner submits that in the meantime he met with an accident, sustained injuries, underwent treatment and could not comply with the order passed by the learned Magistrate. Petitioner seeks two months’ time from this day to comply with that order. I have heard the learned Public Prosecutor also. 3. Having regard to the facts and circumstances stated, I am inclined to grant some time to the petitioner comply with the O.P(CRL.) No.684 of 2011 -: 2 :- order. Resultantly, Original Petition is allowed. Petitioner is granted time till 21.03.2011 to comply with the order passed by the learned Judicial First Class Magistrate-II, Pala in S.T. No.1651 of 2008. Petitioner shall appear in that court on 21.03.2011 to receive the sentence. Until then execution of warrant if any issued against petitioner will stand in abeyance. THOMAS P. JOSEPH, JUDGE. vsv