IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Crl.MC.No. 4269 of 2011() ---------------------------------- CRA.691/2010 of SESSIONS COURT, ALAPPUZHA MC.18/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II E),ALAPPUZHA .................... PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------- 1. RAVEENDRAN, S/O. VASU, CHULLIYIL, CHETHY.P.O., MARARIKULAM SOUTH PANCHAYATH, WARD NO.9, MARARIKULAM. 2. SUKUMARAN, S/O. KRISHNAN, PERUNJARACKAL VEEDU, MARARIKULAM NORTH, CHERTHALA. BY ADVS. SRI.D.SUNILKUMAR SRI.K.C.SUDHEER RESPONDENT/ COMPLAINANT/PROSECUTION ------------------------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk Crl.MC.No. 4269 of 2011() APPENDIX PETITIONER(S) EXHIBITS ANX.A1 TRUE COPY OF THE ORDER IN M.C. NO. 18/2006 DATED 27-2-2007 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALAPPUZHA. ANX.A2 TRUE COPY OF THE ORDER DATED 5-9-2011 BY THE HON'BLE SESSIONS COURT, ALAPPUZHA IN CRL.A. NO. 691/2010. ` ANX.A3 TRUE COPY OF THE ORDER DATED 3-8-2009 OF HON'BLE HIGH COURT OF KERALA IN CRL.R.P NO. 2478/2009. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE. dlk N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4269 of 2011 ----------------------------------- Dated this the 14th day of December 2011 O R D E R Petitioners were the sureties of an accused in a case filed under Sec.138 of N.I.Act. The accused did not appear in court. The petitioners failed to produce him before the court. Hence action was initiated under Sec.446 Cr.P.C. On receipt of the notice, they did not appear before the learned Magistrate. Hence, the learned Magistrate directed the petitioners to pay penalty of Rs.10,000/- each. An appeal was filed with a petition to condone the delay. That petition was dismissed and hence the appeal was also dismissed. 2. Learned counsel for the petitioners submits that the main case filed under Sec.138 of N.I.Act was ultimately settled/compounded as can be seen from Annexure A3 order. Learned counsel further submits that the petitioners Crl.M.C. No.4269 of 2011 -: 2 :- are aged persons and they are not in a position to raise money to pay the penalty amount and considering the fact that the main case was settled, maximum leniency may be shown to the petitioners. Considering all these aspects, the penalty imposed on the petitioners is reduced to Rs.1,000/- each. Remission is granted for the balance amount. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt