IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Crl.MC.No. 1813 of 2011() ----------------------- STC.1440/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA ................. PETITIONER / 1ST RESPONDENT : ------------------------------------------------- LAKSHMANAN, S/O.KUNDAN, AMBEDKAR COLONY, CHENGALAYI AMSOM, VALAKKAI DESOM, KOYYAM P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.B.PREMNATH RESPONDENT / RESPONDENT : --------------------------------------------- STATE OF KERALA, (REPRESENTED BY THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1813 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - I : CERTIFIED COPY OF THE ORDER DATED 18.3.2009 IN MC NO. 34/2009 IN STC 1440/2006 BEFORE THE JFCM TALIPARAMBA. ANNEXURE - II : COPY OF THE RECEIPT FOR PAYMENT OF RS. 10,000/- IN MC NO.34/2009 IN STC 1440/2006 BEFORE THE JFCM TALIPARAMBA, DATED 27.6.2009. ANNEXURE - III : CERTIFIED COPY OF THE ACQUITTAL ORDER DATED 30.3.2009 IN STC 1440/2006 BEFORE THE JFCM TALIPARAMBA. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1813 of 2011 --------------------------------------- Dated this 16th day of June, 2011 ORDER Petitioner is one of the sureties of the accused in S.T.No.1440 of 2006 of the Court of learned Judicial First Class Magistrate, Taliparamba for offence punishable under Sec.138 of the Negotiable Instruments Act. On failure of the accused to appear before Court his bail bond was cancelled and notice was issued to the sureties including petitioner. By Annexure-1, order, sureties were ordered to pay penalty of `.10,000/- each and in default to undergo imprisonment in the Civil Prison for a period of one month each. Learned counsel submits that one of sureties later paid `.10,000/- as revealed by Annexure-II, receipt issued by the learned Magistrate. In the meantime, accused settled the case with the complainant and accordingly, the complaint was withdrawn and the accused was acquitted under Sec.257 of the Code of Criminal Procedure as per Annexure-III, order dated June 30, 2009. Learned counsel submitted that petitioner belongs to the schedule Tribe, is unable to pay the sum of `.10,000/- and in the circumstance leniency may be shown to the petitioner. I have heard learned Public Prosecutor also. Crl.M.C.No.1813 of 2011 -: 2 :- 2. It is revealed from Annexure-III, order dated June 30, 2009 that though subsequent to Annexure-I, order the case has been settled between the accused and the complainant and accordingly the case was withdrawn. Having regard to that, I am inclined to think that lenient view can be taken in the matter of penalty payable by the petitioner. Resultantly this criminal miscellaneous case is allowed. Annexure-I, order directing petitioner to pay penalty of `.10,000/- is modified. It is directed that petitioner shall pay `.1,000/- (Rupees One Thousand Only) as penalty within two weeks from this day failing which he shall undergo detention in the Civil Prison for a week. (THOMAS P JOSEPH, JUDGE) Sbna/-