IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Crl.MC.No. 86 of 2008() ----------------------- AGAINST THE ORDER IN MC 243 2005 IN ST.425/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER: ------------ 1. DHARMAJAN, S/O. KRISHNAN, THURUTHY HOUSE, CHENTHRAPPINNY, KODUNGALLUR 2. GOVINDAN, S/O. KRISHNAN, KONNAPARAMBATH HOUSE, CHENTHRAPPINNY, KODUNGALLUR,' THRISSUR DISTRICT BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2. DEPUTY TAHSILDAR, REVENUE RECOVERY KODUNGALLUR BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 86 of 2008 * * * * * * * * * * * * * * * * * * Dated: 08-01-2008 ORDER The petitioners who were the sureties of the accused in S.T. No. 425 of 1999 on the file of the J.F.C.M., Kodungallur for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 challenges Annexure V order dated 9-3- 2007 passed by the Magistrate imposing a penalty of Rs. 25,000/- on each of the petitioners under Sec. 446 Cr.P.C. The above order was passed in pursuance of a remit by this Court in the order dated 9-3-2007 in Crl.R.P. No. 1036 of 2007 . Whatever that may be, since the impugned order was passed under Sec. 446 Cr.P.C., it is appealable under Sec. 449 Cr.P.C. Without availing of the remedy of appeal, the petitioner cannot invoke the inherent jurisdiction of this Court, particularly, when the order is not revisable as well. Leaving the petitioners to avail the said remedy by way of appeal, this Crl. M.C. is closed. 2. In case, the petitioners file an appeal before the Sessions Court within two weeks from today, that court shall take a lenient view in the matter of condonation of delay. The -:2:- revenue recovery proceedings, if any, initiated against the petitioners shall be kept in abeyance for two weeks. Annexure V order shall be returned to the petitioners to enable them to file an appeal. V. RAMKUMAR, (JUDGE) ani.