IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Crl.MC.No. 2901 of 2011() ------------------------- CRA.27/1999 of ADDL. DISTRICT AND SESSIONS COURT (ADHOC) FAST TRACK-II, PATHANAMTHITTA. CC.400/1996 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA. .................... PETITIONER/ ACCUSED: --------------------------- V.K. RADHAKRISHNAN NAMPOOTHIRI, AGED 42 YEARS, RADHAKRISHNA BHAVAN, PERINGARA P.O., THIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENTS/ COMPLAINANT & STATE: ---------------------------------------------- 1. GEORGE VARKEY, SANKARAMANGALAM, FINANCIERS, THIRUVALLA - 689 603. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. B. VINOD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO.2901/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I : TRUE COPY OF JUDGMENT IN C.C.NO.400/96 OF JFCM, THIRUVALLA DATED 18.12.1998. ANNEXURE II : TRUE COPY OF JUDGMENT IN CRL.APPEAL NO.27/1999 OF ADDL. DISTRICT & SESSIONS (ADHOC) JUDGE, FAST TRACK COURT II, PATHANAMTHITTA DATED 01.03.2004. ANNEXURE III : TRUE COPY OF THE ORDER IN CRL.R.P. 1353/2004 (D) DATED 09.08.2004. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.2901 of 2011 - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the accused in C.C. No.400 of 1996 on the file of the Judicial First Class Magistrate, Thiruvalla for an offence punishable under Section 138 of the Negotiable Instruments Act. He is convicted and sentenced to undergo rigorous imprisonment for six months. The petitioner preferred an appeal before the Addl. District and Sessions Court (Adhoc), Fast Track-II, Pathanamthitta as Crl. Appeal No. 27 of 1999. The appellate court as per order dated 01.03.2004 modified the sentence to pay a fine of Rs.1,35,000/- and in default to pay the fine, to undergo simple imprisonment for three months. On a revision Petition preferred before this Court as Crl.R.P. No. 1353 of 2004, this Court granted time till 11.10.2004 to pay the fine amount. 3. The petitioner could not pay the fine amount since he was abroad. Now the petitioner wants to pay the entire amount Crl.M.C.No. 2901/2011 -:2:- within two weeks from today. If the petitioner deposits the said amount within the stipulated time, non bailable warrant of arrest pending against the petitioner shall not be executed. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv