IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Crl.MC.No. 3210 of 2011() ---------------------------------- ST.679/2006 of THE JUDICIAL FIRST CLASS MAGISTRATE COURT,-VI, THIRUVANANTHAPURAM. .................... PETITIONER(S): ACCUSED: ----------------------- B.RADHAKRISHNA PILLAI, PROPRIETOR, K.B.VILASOM CASHEW FACTORY, K.B.VILASOM, THEVANOOR P.O., AYOOR. BY ADV. SRI.M.S.RADHAKRISHNAN NAIR RESPONDENT(S): COMPLAINANT & STATE: ---------------------------------------------------------------- 1. S.SARASWATHY, THOPPIL BUNGALOW, T.C.31/1084, PARAKUDY LANE, PETTAH, THIRUVANANTHAPURAM, PIN-695 024. 2. STATE OF KERALA, REPRESENTED BY STATE PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.JOHN K.JOSEPH(SAJAN) THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss W.P.(C) NO.3210/2011 APPENDIX PETITIONER(S) EXHIBITS A:- COPY OF THE JUDGMENT IN CRL.RP.368/2011 DATED 9/2/2011 OF THIS HON'BLE COURT. B:-COPY OF THE ORDER DATED 13/7/2011 IN CRL.M.NO.5128/2011 OF THIS HON'BLE COURT. C:- COPY OF THE RECIEPT DATED 13/8/2011. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. No. 3210 of 2011 ------------------------------------------ Dated this the 2nd day of November, 2011. O R D E R Petitioner was convicted by JFCM – VI, Thiruvanthapuram for offence punishable under Section 138 of Negotiable Instruments Act. Ultimately in the revision, as per the order in Annexure – A, this court directed the petitioner to appear before the trial court on 09.04.11 and to undergo imprisonment till the rising of the court and to pay Rs. 2,75,000/- (Rupees Two lakhs seventy five thousand only) as compensation. The time fixed was extended till 17/08/2011. The learned counsel for the petitioner submits that an amount of Rs.2,75,000/- was paid by the accused directly to the complainant and a receipt was obtained for that purpose. The petitioner did not surrender before the learned Magistrate to undergo imprisonment till the rising of the court. Now a warrant issued against the petitioner by the learned Magistrate is pending. 2. The complainant/first respondent is represented by her counsel. Both sides now agree that they would appear before Crl.M.C. No. 3210 of 2011 2 the learned Magistrate on 16/11/2011 and on that date the petitioner will undergo imprisonment till the rising of the court. On that date an affidavit and also the receipt of the complainant/second respondent shall be filed before the learned Magistrate stating that the entire amount of Rs.2,75,000/- had already been received. The counsel appearing for the complainant should testify the identity of the complainant. If it is so done, the learned Magistrate will make necessary entries in the register concerned and also in the record of the court and it will be treated as due compliance of the order passed by this court. N.K. BALAKRISHNAN, JUDGE smvd