IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Crl.MC.No. 1475 of 2011() ---------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.3428/2010 DT. 1ST DECEMBER 2010 .................. PETITIONER : --------------------- V.F.SOUNDARA RAJAN, SAYOOJYAM, T.C.NO.1147/2, MITHRI NAGAR, RESIDENTS ASSOCIATION NO.C35, MITHRI NAGAR, MARUTHANKUZHY, KANJIRAMPARA POST, THIRUVANANTHAPURAM. BY ADV. SRI. P. SIVARAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. P.J.AJITH KUMAR, TC NO.7/613-9 NANDANAM, M.K.P.NAGAR, MARUTHANKUZHY, KANJIRAMPARA POST, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR SMT. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1475 of 2011 --------------------------------------- Dated this 23rd day of May, 2011 ORDER Notice to the second respondent is dispensed with in view of the order I propose to pass. Learned Public Prosecutor takes notice for the first respondent. Petitioner is accused in C.C.No.655 of 2006 of the Court of learned Judicial First Class Magistrate-IV, Thiruvananthapuram for offence punishable under Sec.138 of the Negotiable Instruments Act. The case ended in his conviction and sentence. He filed Crl.R.P.No.3428 of 2010 in this Court. This Court by order dated December 1, 2010 modified the sentence as fine of `.1,43,000/- with a direction that the fine if realised will be paid to the second respondent as compensation under Sec.357(1) of the Code of Criminal Procedure. There was also a direction to the petitioner to deposit in the trial court or pay to the second respondent the said amount within 5 months from the date of the order. A default sentence of imprisonment for 3 months was also ordered. Petitioner wants extension of time and hence this criminal miscellaneous case is filed. Learned counsel submitted that on account of financial difficulty petitioner was not able to raise the amount within the Crl.M.C.No.1475 of 2011 -: 2 :- time stipulated. I have heard learned counsel and the learned Public Prosecutor. 2. Having regard to the circumstances stated I am inclined to grant two months further time from this day to comply with the order in Crl.R.P.No.3428 of 2010. Warrant of arrest issued against petitioner will stand in abeyance during the said period. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-