IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 Crl.MC.No. 368 of 2006() ------------------------ AGAINST THE ORDER DATED / / IN CRMP 134/06 IN CRA.30/2006 of SESSIONS COURT, ERNAKULAM .................... PETITIONER(S)/ACCUSED: --------------- BIJU, AGED 43 YEARS, S/O.FRANCIS, RESIDING AT CHOORAKUTTIYIL HOUSE, CHANGANASSERY, KOTTAYAM. BY ADVS. SRI.M.B.PRAJITH SRI.TOJAN J. VATHIKULAM RESPONDENT(S)/COMPLAINANT & STATE: --------------- 1. M/S.CAUVERY CERAMICS AND MARKETING CORPORATION, 40/901, POWER HOUSE ROAD, ERNAKULAM, REPRESENTED BY SIBU, ADMINISTRATIVE MANAGER & POWER OF ATTORNEY HOLDER. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.N.C.JOSEPH FOR R1 PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN CRL. M.A. NO. 614 OF 2006 IN CRL. M.C. NO.368 OF 2006. DISMISSED 25.2.2009 Sd/-(C.T. RAVIKUMAR, JUDGE) C.T. RAVIKUMAR, J. -------------------------------------------- CRL. M..C. NO. 368 OF 2006 -------------------------------------------- Dated this the 25th day of February, 2009 O R D E R The petitioner herein was the accused in C.C. No.1002 of 2001 on the file of the Judicial First Class Magistrate's Court - II, Ernakulam. The allegation against him was that he had committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. As per Annexure I judgment, he was convicted and sentenced to undergo imprisonment till the rising of the court and was also directed to pay an amount of Rs.15,000/- as compensation to the complainant under Section 357(3) Cr.P.C. and in default of payment of the said amount, to undergo simple imprisonment for one month. The petitioner took up the matter in appeal as Crl. Appeal No.30 of 2006. While admitting the said Crl. Appeal, the lower appellate Court directed the petitioner to deposit an amount of Rs.7,500/- as per Annexure II order in Crl. M.P. No.134 of 2006 as a condition for suspending the sentence. It is aggrieved by the said order in the Crl. Miscellaneous Petition in Crl. Appeal No.30 of 2006 that the petitioner has filed this Crl. M.C. CRL. M.C. NO.368/2006 2 2. While admitting this case, this Court as per order in Crl.M.A. No.614 of 2006 modified the order passed by the lower appellate court in Crl. M.P. No.134 of 2006 by reducing the amount directed to be deposited from Rs.7,500/- to Rs.4,000/-. When the matter was taken up today, it is submitted by the learned counsel for the petitioner that Crl. Appeal No.30 of 2006 has been allowed in part by the Sessions Court, Ernakulam as early as on 27.1.2007. In the circumstances, no further orders are called for in this Crl. M.C. The Crl. M.C. is accordingly closed. (C.T. RAVIKUMAR, JUDGE) sp/ CRL. M.C. NO.368/2006 3 C.T. RAVIKUMAR, J. CRL. M.C. NO. 368/2006 O R D E R 25th February, 2009