IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Crl.MC.No. 3980 of 2011() ------------------------- CRA.225/2007 of SESSIONS COURT, THALASSERY ST.13/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): --------------- A.V.GOVINDANKUTTY, S/O.LATE C.GOVINDAN NAMBIAR, SATHYALAYAM, TALAP, KANNUR. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICE, HIGH COURT OF KERALA. 2. DR.VINEESH MUKUNDAN, S/O.LATE MUKUNDAN, `ANUGRAH', THANA, KANNUR 670 001. R1 BY PUBLIC PROSECUTOR SRI N. SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2011, ALONG WITH CRL.M.C. 3981/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3980 of 2011() APPENDIX PETITIONERS ANNEXURES: ANNEXURE A1: COPY OF THE ORDER DATED 19.5.2007 IN CRL.M.P. NO:2363/2007 IN CRL.A.NO:225/2007 ANNEXURE A2: COPY OF THE ORDER DATED 18.10.2007 OF THE DISTRICT COURT, THALASSERY ANNEXURE A3: COPY OF THE JUDGMENT DATED 29.1.2008 IN CRL.M.C.NO:241/2008 ANNEXURE A4: COPY OF THE ORDER DATED 17.7.2008 IN CRL.M.A. NO:2837/2008 IN CRL.M.C. NO:241/2008 ANNEXURE A5: COPY OF THE DEMAND DRAFT FOR RS.50,000/- DRAWN IN FAVOUR OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KANNUR. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. Nos: 3980 & 3981 OF 2011 ------------------------------------------ Dated this the 21st day of November, 2011 O R D E R The petitioner was convicted in two cases by Judicial First Class Magistrate's Court-I, Kannur, for offences under section 138 of Negotiable Instruments Act. He filed two appeals before the Sessions Court. While ordering suspension of the sentence, the learned Sessions Judge directed the petitioner to deposit Rs.50,000/- each in both cases. The order was passed on 19.5.2007. The amount was to be deposited within two months as ordered by that Court. The learned counsel for the petitioner submits that because of financial difficulties, he could not raise fund so as to effect deposit of the amount, as mentioned above. It is further submitted that with much difficulty the amounts has been raised and the Demand Drafts for Rs.50,000/- each Crl. M.C. Nos: 3980 & 3981 OF 2011 -2- have been taken, but unless this Court directs the learned Magistrate to receive the same, it will not be received. Considering the fact that the petitioner is remitting a sum of Rs.50,000/- each, by producing two Demand Drafts, the learned Magistrate is directed to receive the same and it will be treated as compliance of Order passed by the learned Sessions Judge. Petitioner will effect deposit on or before 30.11.2011 N.K. BALAKRISHNAN, JUDGE jjj