IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1482 of 2011() ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.451/2011 Dated 04/03/2011 CC.NO. 193/2008 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER(S): ACCUSED ---------------------------------------- G.VENU, PATTETTUPARAMBIL VEEDU, KARUMADI P.O., AMBALAPUZHA, ALAPPUZHA DISTRICT. BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT(S): STATE & COMPLAINANT ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUNDERASAN, S/O. CHELLAPPAN, MUNDAKATHIL VADAKKATHIL, KEERIKKAD THEKKU, KAYAMKULAM, ALAPPUZHA-690 502. R1 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1482 of 2011 --------------------------------------- Dated this 24th day of May, 2011 ORDER Petitioner was convicted for offence punishable under Sec.138 of the Negotiable Instruments Act and sentenced to undergo imprisonment with direction for payment of compensation, in C.C.No.193 of 2008 of the Court of learned Judicial First Class Magistrate, Kayamkulam. The appeal arising therefrom – Crl.Appeal.No.217 of 2010 was disposed of by the learned Additional Sessions Judge-I, Mavelikkara modifying the substantive sentence of imprisonment. That judgment was challenged in Crl.R.P.No.451 of 2011. This Court disposed of the revision as per Annexure-AA1, order dated March 4, 2011. This Court confirmed the substantive sentence as modified by the appellate court and also confirmed direction for payment of `.1,15,000/- as compensation under Sec.357(3) of the Code of Criminal Procedure. It was directed that petitioner shall pay the said amount within three months and in default of payment he shall undergo imprisonment for two months. Petitioner was directed to appear before the learned Magistrate on 06.06.2011 to receive the sentence and payment of the amount. Petitioner Crl.M.C.No.1482 of 2011 -: 2 :- seeks extension of time. Learned counsel says that petitioner is unable to raise the amount on account of financial difficulty. I have heard learned Public Prosecutor also. 2. Having regard to the difficulties of petitioner stated by learned counsel I am inclined to grant two months' further time from 06.06.2011. Petitioner shall appear in the trial court on 08.08.2011 to receive the sentence and payment of the amount. Resultantly this criminal miscellaneous case is disposed of granting time to the petitioner till 08.08.2011 to appear before the learned Magistrate to receive the sentence and for payment of the amount as directed by this Court in the order in Crl.R.P.No.451 of 2011. Coercive steps initiated against petitioner will stand in abeyance till 08.08.2011. (THOMAS P JOSEPH, JUDGE) Sbna/-