IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 961 of 2010(Q) ------------------------ ST.723/2005 of J.M.F.C.-II, PALA .................... PETITIONER(S): --------------------- SUMESH.S., S/O.SURENDRAN THANNIPPARA VADAKKEL HOUSE, POONJAR P.O., KOTTAYAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ----------------------- 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., PALA BRANCH, REPRESENTED BY ITS MANAGER, RAJASEKHARAN NAIR, S/O.NARAYANAN NAIR, VADAKKANATTU HOUSE, VALLICHIRA. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY SC SRI. T.A. SHAJI. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010 ALONG WITH WPC.981/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). Nos. 961 & 981 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2010. JUDGMENT The petitioners herein are accused in S.T. No.723 of 2005 and 703 of 2005 on the file of the Judicial First Class Magistrate Court-II, Palai. 2. Petitioners were prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. They pleaded guilty and they were therefore convicted and sentenced. The petitioner in W.P.(C). 961 of 2010 was directed to pay a sum of Rs.43,581/- and the petitioner in W.P. (C) 981 of 2010 was directed to pay a sum of Rs.32,892/- as compensation, in default of which they had to suffer simple imprisonment for one month. Petitioners were granted six months' time to pay the amount, failing which, they have to undergo default sentence. 3. Petitioners point out that they were unable to raise the funds to pay the amount as directed by the court WPC. 961& 981/2010. 2 below in time and approached this court seeking two months time to pay the amount. 4. Learned counsel appearing for the respondents submits that already six months time had been granted and no further leniency is warranted. 5. Considering the fact that the accused had pleaded guilty and made earnest efforts to raise funds, the petitioners in these cases are granted two months from today to pay the compensation as directed by the court below, failing which the petitioners shall undergo default sentence. These writ petitions are disposed of as above. P. BHAVADASAN, JUDGE sb.