IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Crl.Rev.Pet.No. 3911 of 2008(D) ------------------------------- CC.369/1999 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONER/ RESPONDENT/ACCUSED:- --------------------------------------------------- CHANDRASEKHARA .K. S/O.SUBBA POOJARI ABHLASH CANTEEN, NEW BUS STAND, KASARAGODE. BY ADV. MR. T.D.ROBIN MR. R.ANUP MR. V.DIPU RESPONDENTS/ PETITIONER/ COMPLAINANT:- ---------------------------------------------------- 1. KAMALAKSHA SURVARNA, S/O.SUBBA POOJARI RESIDING AT WHITE HOUSE, NELAKALA ROAD, PO.VIDYANAGAR, KASARAGODE. 2. STATE OF KERALA, REP. BY ADDL.PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ADV. MR. JAYAKRISHNAN, PUBLIC PROSECUTOR MS. P.K.PRIYA FOR R1 MR. K.V.SREE VINAYAKAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ========================= Crl. R.P. No. 3911 of 2008 ========================= Dated this the 20th day of February, 2009. O R D E R Heard the revision petitioner/accused as well as 1st respondent/ complainant. 2. Both the revision petitioner as well as the 1st respondent are brothers. The revision petitioner challenges Annexure 7 order dated 03.11.2008 passed by the Chief Judicial Magistrate, Kasaragod granting sanction under Section 421 Cr.P.C for sale of immovable property belonging to the revision petitioner for the recovery of the compensation amount of Rs.8,25,000/- ordered by this Court in Crl. R.P. No. 1227 of 2006 arising out of C.C. No. 369 of 1999 on the file of the Chief Judicial Magistrate, Kasaragod. It was a prosecution under Section 138 of the Negotiable Instruments Act, 1881. 2. It is agreed that the petitioner can wipe off the compensation due to the 1st respondent by way of equal monthly instalments of Rs.35,000/- per month. The 1st instalment shall be deposited before the Chief Judicial Magistrate, Kasaragod on or before 15.03.2009 and the subsequent instalment shall be deposited before the 15th of Crl.R.P. No. 3911/2008 : 2 : every succeeding month. In case the petitioner commits default of two instalments, it shall be open to the 1st respondent to move the Chief Judicial Magistrate for sanction to auction the attached properties. The order of attachment shall remain in force until further orders. The impugned order is set aside subject to the above terms. This revision is disposed of as above. Dated this the 20th day of February, 2009. V. RAMKUMAR, JUDGE. rv Crl.R.P. No. 3911/2008 : 3 :