IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.MC.No. 4860 of 2008() ------------------------- CRMP.9434/2008 IN C.C.164/2005 of JUDL. MAGI. OF FIRST CLASS-I (FOREST OFFENCES), THODUPUZHA .................... PETITIONER(S): PETITIONER:COMPLAINANT: -------------------------------------------------------------------- K.A. SEBASTIAN, KARICKAVAYALIL HOUSE, MULAPPURAMKARA, KARIMANNOOR VILLAGE. BY ADV. MR.N.K.MOHANLAL RESPONDENT(S): RESPONDENTS/ACCUSED NO.1: ----------------------------------------------------------------------------- 1. T.D. MATHEW, THOTTUPATTU HOUSE, PUTHOOR KARA, AYAVANA P.O., MUVATTUPUZHA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. MR.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL MR.RENJITH B.MARAR R2 BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4860 of 2008 ------------------------------------------------- Dated this the 5th day of February, 2009 ORDER The petitioner is the complainant in a prosecution under Sec.138 of the Negotiable Instruments Act. The verdict of guilty, conviction and sentence have now become final with the order dated 14/7/08 in Crl.R.P.No.3092/07. The sentence was modified and the accused was directed to pay a fine of Rs.2,50,000/-. The said amount was directed to be released to the complainant i.e., the petitioner herein under Sec.357(1) Cr.P.C. The accused was granted 8 months time from 14/7/08 to produce a memo before the trial court. In default, he was directed to suffer a default sentence of simple imprisonment for a period of three months. 2. The accused has not deposited the amount so far. But it is submitted that an amount of Rs.1 lakh has already been Crl.M.C. No. 4860 of 2008 -: 2 :- deposited as condition for suspension of sentence as ordered by the appellate court. 3. The petitioner applied for release of the said amount of Rs.1 lakh. The learned Magistrate by the impugned order rejected the said prayer holding that the said amount is deposited only as security for suspension of sentence. 4. The learned counsel for the petitioner submits that the amount is deposited towards the liability and, in these circumstances, the amount must have been released to the petitioner. 5. Notice was given to the respondent/accused. The learned counsel for the respondent/accused submits that the amount of Rs.1 lakh already deposited is definitely to be treated as deposited towards the liability in the case. But the learned counsel submits that the accused has taken steps to challenge the order by filing a special leave petition before the Supreme Court. In these circumstances, prior to the specified date i.e., 14/3/09, no direction for release of the amount may be issued, submits the learned counsel for the respondent/accused. 6. I am, in these circumstances, satisfied that this Crl.M.C. can be allowed in part and appropriate directions can be issued. If by 14/3/09 no directions of the Supreme Court are placed Crl.M.C. No. 4860 of 2008 -: 3 :- before the learned Magistrate, the learned Magistrate shall release the amount of Rs.1 lakh already in deposit before the court and shall not execute the default sentence if the balance amount of Rs.1,50,000/- is paid to the petitioner or deposited before the court on or before 14/3/09. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge