IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.MC.No. 900 of 2011() -------------------------------- ST.864/2006 of Judicial First Class Magistrte -II Pala .................... PETITIONER/ ACCUSED: ---------------------------------- K. SANTHOSHKUMAR, AGED 35 YEARS S/O. KUNJUMON, KOLLAMKUNNEL PANAMATTOM P.O., KOORALI - 686 522 BY ADVS. SRI.BABY THOMAS SRI.GIGIMON ISSAC RESPONDENT/COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031 2. HARIS. V. HARINATH, KADALIVANAM HOUSE, KADAPPATTOOR PO PIN-686 574, MEENACHIL VILLAGE, KOTTAYAM BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2011, ALONG WITH Crl.M.C. No.901 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SMT THOMAS P. JOSEPH, J. ------------------------------- Crl.M.C. Nos. 900 & 901 OF 2011 --------------------------------------- Dated this the 22nd March, 2011 O R D E R These cases arise from the judgments of learned Judicial First Class Magistrate -II, Pala in S.T. Nos. 864 of 2006 and 272 of 2006 respectively both for offence punishable under Sec. 138 of the Negotiable Instruments Act. On a plea bargaining under Sec.265 A of Code of Criminal Procedure, petitioner was convicted and sentenced to pay certain amounts to the 2nd respondent/complainant on or before 29.11.2009 and in default of payment to undergo imprisonment. Petitioner states that since he had to meet treatment expenses of his aged parents and on account of other reasons he was not able to pay the amount before the time stipulated by learned Magistrate. Petitioner seeks further time. Learned counsel submitted that petitioner may be granted time till 30.03.2011 for deposit of the amount. Having regard to the circumstances stated by the learned counsel, I am inclined to grant time to petitioner. These Criminal Miscellaneous Cases are disposed of granting Crl.M.C. Nos. 900 & 901 OF 2011 2 time to the petitioner to deposit the amount as directed by the learned Judicial First Class Magistrate -II, Pala in S.T. Nos. 864 of 2006 and 272 of 2006 till 30.03.2011. Until then execution of warrant against petitioner will remain in abeyance. THOMAS P. JOSEPH, JUDGE smt