IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Crl.MC.No. 3740 of 2011() ------------------------- AGAINST THE ORDER DATED 26/09/2011 IN CRMP.3080/2011 IN CRA.353/2011 of SESSIONS COURT, KOTTAYAM ST.120/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS - II,CHANGANACHERRY .................... PETITIONER(S)/APPELLANT/ACCUSED :- ------------------------------------------------------------ CHACKO JOSEPH, KORATHARA, KURISUMMOODU P.O., CHENGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.K.C.SUDHEER RESPONDENT(S)/COMPLAINANT/PROSECUTION :- ------------------------------------------------------------------------- 1. JOLLY POTHEN, KULATHUNKAL, KAKKAMTHODU, CHANGANACHERRY-686101. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-680031. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 3740 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A1 :- Copy of the Judgment dated 17.8.2011 in S.T.No.120/2008 of Judicial First Class Magistrate Court-II, Changanacherry. Annexure A2 :- Copy of order dated 26.9.2011 in Crl.M.P.No.3080/2011 in Crl.Appeal No.353/2011 of Sessions Judge's Court, Kottayam. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3740 of 2011 ----------------------------------- Dated this the 6th day of December 2011 O R D E R Petitioner was convicted by the learned Magistrate for offence punishable under Sec.138 of N.I.Act. He was also to pay Rs.7 lakhs as fine. While suspending the sentence, the learned Sessions Judge directed the petitioner to deposit Rs.1,75,000/- within one month from 26.9.2011. Petitioner has not remitted any amount so far. 2. Learned counsel for the petitioner submits that petitioner's brother is laid up due to some serious disease and so he is not in a position to pay any amount. The case was of the year 2008. The grievance of the complainant also may have to be seen. Considering all the aspects, the following directions are issued :- Rs.35,000/- shall be paid by the petitioner within two weeks from today and the balance amount will be paid Crl.M.C. No.3740 of 2011 -: 2 :- in four successive equal monthly instalments. First of that instalment of Rs.35,000/- shall be paid within one month from the date of expiry of two weeks mentioned above. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt