IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 Crl.MC.No. 1642 of 2011() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRRP.3910/2010 Dated 05/01/2011 OF HOB'BLE HIGH COURT OF KERALA ................... PETITIONER / ACCUSED : -------------------------------------- CHANDRACHOODAN N.S., AGED 48 YEARS, S/O.SREEDHARAN NAIR, ANITHA BHAVAN, KALLAMBALAM, KALLAMBALAM PO, THIRUVANANTHAPURAM DISTRICT, PIN 695 605. BY ADV. SRI.C.S.MANU RESPONDENTS / COMPLAINANT & THE STATE : ---------------------------------------------------------------------- 1. POPULAR MEGA MOTORS (P) LTD., VEDIVACHANKOIL POST, PALLICHAL, THIRUVANANTHAPURAM 695 002. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1642 of 2011 --------------------------------------- Dated this 07th day of June, 2011 ORDER Notice to the first respondent is dispensed with in view of the order I propose to pass in this proceeding. 2. Petitioner is accused in S.T.No.492 of 2006 of the Court of learned Judicial First Class Magistrate-VIII, Thiruvananthapuram and was convicted and sentenced for offence punishable under Sec.138 of the Negotiable Instruments Act. His appeal was dismissed. He came to this Court with Crl.R.P.No.3910 of 2010. This Court disposed of the revision by order dated January 05, 2011 granting 45 days' time to pay the compensation. Petitioner was directed to appear in the trial court on 21.02.2011 to receive the sentence and pay compensation. This proceeding is to extent the said time. 3. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned counsel submitted that wife of petitioner is admitted in the hospital in a sinking stage due to cancer and in the circumstance petitioner was not able to raise the amount and comply with the direction of this Court in the order dated January 05, 2011. Having regard to the Crl.M.C.No.1642 of 2011 -: 2 :- circumstances stated by learned counsel I am inclined to grant two months' further time. Resultantly this criminal miscellaneous case is disposed of granting two months' further time to the petitioner to comply with the direction in the order dated January 05, 2011 in Crl.R.P.No.3910 of 2010. Petitioner shall appear before learned Judicial First Class Magistrate-VIII, Thiruvananthapuram on 08.08.2011 to receive sentence and pay compensation. Until that day, coercive steps if any initiated against petitioner will stand in abeyance. (THOMAS P JOSEPH, JUDGE) Sbna/-