IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Crl.MC.No. 3146 of 2010() ------------------------- AGAINST THE ORDER DATED 24/07/2010 IN CRMP 1806/2010 IN CRA.341/2007 of II ADDL.SESSIONS COURT, KOLLAM .................... PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------ SARALA SUBRAHMANIYAN, W/O. SUBRAHMANIYAN, KEEZHCHIRA THODIYIL VEEDU, PULLICHIRA P.O. KOLLAM. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): RESPONDENTS/COMPLAINANTS: ------------------------------------------------------------------------------ 1. THE STATE OF KERALA, REPRESNTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SATHEESAN, S/O. SADASIVAN, MULLASSERIL THODIYIL VEEDU, DHAVALAKUZHI, MAYYANAD P.O. KOLLAM. R1 BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3146 of 2010 = = = = = = = = = = = = = = Dated: 5.08.2010 ORDER As per Annexure A judgment dated 12.3.2010 of the II Additional Sessions Court, Kollam in Crl.Appeal No.341/2007, the petitioner, who was convicted under Section 138 of the Negotiable Instrument Act, 1881 was directed to deposit an amount of Rs.85,000/- as compensation before the trial court. She was directed to undergo imprisonment till the rising of the Court and on default to pay the compensation to undergo simple imprisonment for seven days. 2. Thereafter she moved the lower appellate court saying that she had been making payments to the complainant and what remains to be paid is only Rs.20,000/- and seeking permission to pay the said amount to the complainant and to file a memo to that effect before the trial court. The said application was rejected as per Annexure C order dated 24.7.2010. Hence this Crl.M.C. Crl. M.C. No.3146 of 2010 2 2. If the complainant in C.C.No.2289/2003 on the file of J.F.C.M-II, Kollam has been paid substantial portion of the compensation amount and what remains to be paid is only Rs.20,000/- which he is prepared to receive, the petitioner is permitted to make the payment and file a memo to that effect before the trial court which shall thereafter permit the petitioner to undergo the imprisonment till the rising of the court on a date to be fixed. This Crl.M.C is disposed of as above. Dated this the 5th day of August, 2010. V. RAMKUMAR, JUDGE sj