IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Crl.MC.No. 1015 of 2010() ------------------------------------- ST.142/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, HARIPAD .................... PETITIONER/ACCUSED --------------------------------- GIRIJA. R., AGED 43 YEARS, W/O.SREEVALSAN, SREEBHAVANAM, EROOR VADAKKUM MURI, CHEPPAD. BY ADV. MR.P.V.GEORGE (PUTHIYIDAM) RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------ 1. RADHA MADHAVAN @ RADHAMMA, D/O.GOURIAMMA, UNNI BHAVANAM VEEDU, EROOR VADAKKUM MURI, CHEPPAD. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1015 OF 2010 ------------------------------------------ Dated 24th March 2010 O R D E R Petitioner is the accused in S.T.142/2006 on the file of Judicial First Class Magistrate, Haripad. Though petitioner was convicted and sentenced under Section 138 of Negotiable Instruments Act, by Annexure-A2 order in the revision, the conviction was set aside and petitioner was acquitted. There was also a direction that if petitioner has deposited any amount before the trial court, it shall be refunded to her. Petition is filed under Section 482 of Code of Criminal Procedure contending that even though Annexure-A3 petition was filed on 10/2/2010, no order is being passed. 2. Learned counsel appearing for the petitioner was heard. Crmc 1015/10 2 3. If Annexure-A2 order has become final, learned Magistrate can only proceed as directed in Annexure-A2 order. If petitioner has deposited any amount before the court, as provided under Annexure-A2 order, she is entitled to withdraw the same. Annexure-A3 petition does not show the date of the petition or when it was filed. According to the petitioner it was filed on 10/2/2010. If that be so, it is for the Magistrate to consider the same and pass appropriate orders in accordance with law. Petition is disposed directing Judicial First Class Magistrate-II, Haripad to pass order in Annexure-A3 application without delay. M.SASIDHARAN NAMBIAR, JUDGE. uj.