IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.MC.No. 1570 of 2011() ------------------------- ST.2398/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... PETITIONER(S): ACCUSED: ------------------------------------------ P.P.BIJU,S/O.PRABHAKARAN,PARIYARATHGEL VEEDU,NJANDUPARA.P.O,KALARICKAL,URULIKKUNNAM, PIN-686 577. BY ADV. SRI.V.MADHUSUDHANAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031. 2. K.K.KUNJUKRISHNAN, KIZHAKKEPANACHITHANATHU,MEVIDA.P.O, MEENACHIL-686 620. R1 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 1570 of 2011 ==================================== Dated this the 01st day of June, 2011 O R D E R In view of the order I propose to pass notice to the second respondent is dispensed with. Public Prosecutor takes notice for first respondent. 2. Petitioner, on a plea bargaining was convicted by the learned Judicial First Class Magistrate, Pala in S.T. No.2398 of 2009 for offence punishable under Section 138 of the Negotiable Instruments Act. He was sentenced to undergo imprisonment till rising of the court and payment of compensation of `1,10,000/- to be paid to the first respondent. Deposit was to be made before 15.05.2011. Petitioner seeks further time to deposit the amount. 3. Learned counsel submitted that on account of financial difficulties petitioner could not raise the amount and deposit the same in court. Petitioner seeks four months' further time to deposit the amount. Having regard to the circumstances stated I am inclined to grant two months' further time from 15.05.2011 to comply with the order of the learned Magistrate. Resultantly, Criminal Miscellaneous Case is allowed. Petitioner is directed to appear before the learned Judicial First CRL.M.C. No.1570 of 2011 -: 2 :- Class Magistrate, Pala on 14.07.2011 and comply with the directions contained in the order dated November 15, 2010 in S.T. No.2398 of 2009. Coercive steps if any taken against petitioner will stand in abeyance till 14.07.2011. THOMAS P. JOSEPH, JUDGE. vsv