IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Crl.MC.No. 4188 of 2011() ------------------------- CC.354/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, PERAMBRA ................... PETITIONER / ACCUSED: ------------------------------------- RAVEENDRAN, S/O.CHOYI, EDAKKANDY, CHERUKKAD P.O., KOZHIKODE. BY ADVS. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENTS / STATE & COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. SIBI VARUGHESE, S/O.VARUGHESE, VADAKKETHADATHIL, CHERUKKAD AMSOM DESOM, KOZHIKODE-673 527. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 4188 of 2011() APPENDIX PETITIONERS' EXHIBITS : ANNEXURE A: A COPY OF THE JUDGMENT DATED 31/1/2007 IN CRL.RP 278/2007. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4188 of 2011 ------------------------------------------ Dated this the 8th day of December, 2011 ORDER This petition is filed by the accused who was convicted by JFCM - I, Perambra for offence punishable under Section 138 of the Negotiable Instruments Act. This court modified the sentence directing the petitioner to undergo imprisonment till the rising of the court and to pay Rs.30,000/- as compensation as per Annexure – A2. The accused did not appear before the learned Magistrate to undergo imprisonment till the rising of the court. The learned counsel for the petitioner submits that petitioner is ready to surrender before JFCM – I, Perambra and pay the compensation on 27/12/2011. On that date the petitioner will undergo imprisonment till the rising of the court. He will also take the complainant along with him. An affidavit and also the receipt of the complainant shall be filed before the learned Magistrate stating that he had already received the amount as directed by the court if he has already Crl.M.C.No. 4188 of 2011 -: 2 :- received the amount as directed by the court. The counsel appearing for the complainant should testify the identity of the complainant, whereupon the learned Magistrate can make necessary entires in the register and on the case record. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE smvd