IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 OP(Crl.).No. 2749 of 2011(Q) ---------------------------- CMP.5066/2011 of J.M.F.C.-I, MAVELIKKARA C.C.NO. 579/2001 of JUDICIAL FIRST CLASS MAGISTRATE-I, MAVILIKKARA .................... PETITIONER:- ---------------- S.PEETHAMBARAN, S/OD.SREEDHARAN, RANDUKANDATHIL HOUSE, ARYAD NORTH P.O., ALAPPUZHA. BY ADV. SRI.K.C.SUDHEER RESPONDENTS:- ------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, THROUGH ADDL.PUBLIC PROSECUTOR MAVELIKARA 688 555. 2. SWARNAMMA G., KANDATHERIL VEEDU, EVOOR NORTH, CHEPPAD P.O., ALAPPUZHA 688 596. ADV. SRI. B. VINDO, GOVERNMENT PLEADER THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(CRL.) NO. 2749/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE JUDGMENT DATED 03.01.2009 OF Judicial First Class Magistrate-I, MAVELIKKARA. EXT.P2 : TRUE COPY OF JUDGMENT IN CRL.REVISION PETITION 2968/2010 DATED 19.10.2010 OF HIGH COURT OF KERALA. EXT.P3 : TRUE COPY OF ORDER IN CRL.M.A.NO. 6047/2011 IN CRL.R.P. 2968/2010 DATED 13.07.2011 OF HIGH COURT OF KERALA. EXT.P4 : TRUE COPY OF INTERIM ORDER IN THE WRIT APPEAL NO.2121/2009 OF HON'BLE HIGH COURT OF KERALA. EXT.P5 : TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM the DOCTOR T.N. SEETHA BAI. EXT.P6 : TRUE COPY OF THE DISCHARGE CARD DATED 07.04.2010. EXT.P7 : TRUE COPY OF C.M.P. NO. 5066/2011 DATED 12.08.2011. EXT.P 7(a) : TRUE ENGLISH TRANSLATION OF EXT.P7. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE B.P. RAY, J. - - - - - - - - - - - - - - - - - O.P.(Crl.) No.2749 of 2011 - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2011. JUDGMENT Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the accused in C.C. No. 579 of 2001 on the file of the Judicial First Class Magistrate-I, Mavelikkara for an offence punishable under Section 142 of the Negotiable Instruments Act, 1881. As per order dated 03.01.2009 in C.C. No. 579 of 2001, the petitioner was convicted and sentenced to undergo simple imprisonment for four months and to pay a fine of `70,000/- and in default to pay the fine, to suffer simple imprisonment for four months. The said order of conviction has been confirmed in Crl. Appeal No. 35 of 2009. The petitioner has preferred a revision before this Court as Crl.R.P. No. 2968 of 2010. This Court as per order dated 19.10.2010 confirmed the conviction and modified the sentence to imprisonment till the rising of the court and to pay a fine of `78,000/- and in default to pay the fine, to undergo simple imprisonment for three months. 3. Due to the non payment of the amount, non bailable O.P. (Crl.) No. 2749/2011 -:2:- warrant of arrest has been issued against him. The learned counsel for the petitioner submits that he has already deposited an amount of `7000/- before the Judicial First Class Magistrate-I, Mavelikkara and he will deposit the balance amount of ` 71,000/- by the end of November, 2011. If the petitioner deposits an amount of `20,000/- (Rupees twenty thousand only) before the trial court and prays for three equal instalments by filing an application, the learned Magistrate shall allow the same. Till the end of November, all proceedings against the petitioner shall remain in abeyance. This Original Petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv