IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 CRL.MC.NO. 1159 OF 2011() ----------------------------------------- AGAINST THE ORDER IN CRRP.1592/2010 & CC.434/2007 OF JUDL.MAGISTRATE OF FIRST CLASS, PAYYOLI .................... PETITIONER(S): ACCUSED -------------------------------------- GEETHA, W/O.KUMARAN, KARUCHERI HOUSE, EDACHIRA, VADAKARA. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------- 1. C.HARIDASAN, S/O.CHOYI, CHERIYAVIL HOUSE, IRINGAL AMSOM, PAYYOLI, KOYILANDY TALUK. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1159 of 2011 ==================================== Dated this the 05th day of April, 2011 O R D E R Petitioner is accused in C.C.No.434 of 2007 of the court of learned Judicial First Class Magistrate, Payyoli for offence punishable under Section 138 of the Negotiable Instruments Act. She was convicted and sentenced to undergo imprisonment and payment of fine. Conviction and sentence were challenged in appeal and finally in revision in this Court in Crl. R.P. No.1592 of 2010. This Court disposed of the Revision on 16.06.2010 modifying the sentence to simple imprisonment till rising of the court and payment of fine of `90,000/-. It was further directed that fine if realized shall be given to the first respondent as compensation under Section 357(1)(b) of the Code of Criminal Procedure. Petitioner was directed to appear in the trial court on 15.09.2010 to receive the sentence. Petitioner says that on account of financial difficulties she could not raise the amount for payment of fine and appear in the trail court to receive the sentence. Learned counsel submitted that petitioner may be granted some time to deposit the fine. I have heard learned Public CRL.M.C. No.1159 of 2011 -: 2 :- Prosecutor also. 2. Having regard to the circumstances stated I am inclined to grant some time to the petitioner. Resultantly, Criminal Miscellaneous Case is disposed of in the following lines: (i) Petitioner is directed to appear in the trail court on 12.04.2011 to receive the sentence. (ii) Petitioner shall deposit the sum of `90,000/- in the trial court on or before 12.04.2011. (iii) Warrant of arrest if any issued to the petitioner will stand in abeyance till 12.04.2011. THOMAS P. JOSEPH, JUDGE. vsv