IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Crl.MC.No. 3634 of 2011() ------------------------- ST.4458/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT, NORTH PARAVOOR .................... PETITIONER(S): ACCUSED: ---------------------------------------- RAJESH,S/O.RAMAN NAIR,AGED 35, AMMASAM VEETTIL (HOUSE),ANDATHODE PO, KADIKAD, PUNNAYURKULAM PANCHAYATH,CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN 679 564. BY ADV. SMT.K.NANDINI RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE, PARAVOOR, PIN 683 513, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. M/S.VYPEEN KURIES & FINANCIERS, REPRESENTED BY ITS MANAGING PARTNER VARGHESE, S/O.OUSEPH,KUZHUPPILLI HOUSE,KEDAMANGALAM KARA, PARAVOOR VILLAGE,ERNAKULAM DISTRICT,FURTHER REPRESENTED BY POWER OF ATTORNEY HOLDER JOSEPH LAZAR,CHERUVATHUR HOUSE,MULLASSERY POST, THRISSUR DISTRICT, PIN - 680 509. 3. SHIHAB,S/O.MOIDEEN,PANDIKASALAPARAMBIL HOUSE,PO ANDATHODE,CHAVAKKAD TALUK,THRISSUR DISTRICT,PIN 679 564. Kss ..2/- ..2.... CRMC.NO.3634/2011 4. JOSHY,S/O.K.R.VASU,KUNHUMUTHAPPAN HOUSE,PO ANDATHODE,CHAVAKKAD TALUK,THRISSUR DISTRICT,PIN 679 564. 5. SUBAIDA,W/O.KUNHU MOHAMMED,VARANATTIL HOUSE, PALAYOOR DESOM,GURUVAYOOR VILLAGE, CHAVAKKAD POST, THRISSUR DISTRICT ,PIN 680 506. 6. RAMLATH,S/O.MOIDEEN,PANDIKASALAPARAMBIL HOUSE,PO ANDATHODE,CHAVAKKAD TALUK,THRISSUR DISTRICT,PIN 679 564. 7. THE PROPRIETOR, KAVITHA JEWELLERY, CHERAI, PARAVOOR, ERNAKULAM DISTRICT 683 513. 8. JAISON,S/O.LONAPPAN, AVITTAMPALLY HOUSE,KUNNAMKULAM, KODUNGALLOOR,TRICHUR 680 506. R1 BY PUBLIC PROSECUTOR SMT. R. REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3634/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE J.F.M.C., PARUR. ANNEX.II: COPY OF THE LAWYER NOTICE FROM THE 1ST RESPONDENT TO THE 5TH RESPONDENT DTD. 15/11/2007. ANNEX.III: COPY OF O.S.577/07 FILED BY THE 1ST RESPONDENT BEFORE THE SUB COURT, PARUR AGAINST THE 5TH RESPONDENT. ANNEX.IV: COPY OF RECEIPT OF RS.1,00,000/-. ANNEX.V: COPY OF SUMMONS DTD. 11/06/2009 RECEIVED BY THE PETITIONER. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3634 of 2011 ---------------------------------------------------- Dated this the 24th day of October, 2011 Order The petitioner is the accused in ST No.4458 of 2009 on the file of JFCM Court, N.Parur. The case was filed against him under Section 138 of the N.I.Act. Since he did not appear before the learned Magistrate, warrant is pending against him. The fact whether he is only a surety or principal debtor may not be of much consequence. The execution of the cheque is otherwise proved. Now, the request to keep in abeyance the execution of the warrant issued by the court cannot be allowed. However, the following directions are issued: If the accused deposits Rs.10,000/- within two weeks from today and if he files an affidavit to the effect that he will also remit another sum of Rs.10,000/- within another two weeks from that date, the execution proceedings will be kept in abeyance. The petitioner will surrender before the learned Magistrate and Crl.M.C.3634/11 2 remit the amount as stated above. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3634/11 3