IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Crl.MC.No. 741 of 2009() --------------------------- AGAINST THE ORDER DATED 10/02/2009 IN CRMP 5646/08 IN CRA.1023/2008 of VI ADDL.SESSIONS COURT, ERNAKULAM ST.541/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER(S): --------------- K.V.PRAKASHAN, S/O. PAVITHRAN,AGED 38 YEARS, KILINGATHARA HOUSE,KUMBALANGHI PO,KOCHI-7 BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): --------------- 1. A.KARTHYAYANI, SECRETARY CHELLANAM GRAMA PPANCHAYATH, KANDAKADAVU. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, DISTRICT COURT, ERNAKULAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 741 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of February, 2009. O R D E R This petition is filed to set aside the order in Crl.M.P. 5646/08 passed by the Sessions Court, Ernakulam. A prosecution was launched against the present petitioner as S.T.541/07 u/s 210 of the Kerala Panchayath Raj Act. He was a successful bidder in an auction conducted by the Panchayath with respect to the right to farm fish at Paruthithodu chal. It appears that there has been some balance amount due under the auction and Panchayath initiated proceedings u/s 210 of the Kerala Panchayath Raj Act, 1994. The learned Magistrate ordered the accused to pay a sum of Rs.1,65,735/- within a period of thirty days from 21.11.08. An appeal has been preferred as Crl.A.1023/08 and in the said appeal a Cr.M.P. is filed for suspension of sentence and the Court has directed suspension of sentence on condition of deposit of 50% of the fine amount within one month from 10.2.2009. It is that CRL.M.C. 741 OF 2009 -:2:- order which is challenged before this Court. The learned counsel would contend that S.210 of the Act does not cover or envisage a situation where there is default of payment of fine paid in an auction and therefore prosecution will not lie. It is a point which requires serious consideration and therefore I feel imposition of the condition of 50% of the amount need not be insisted and without the same the sentence can be suspended and ordered accordingly. The CRL.M.C. is disposed of. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy]