IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.MC.No. 3191 of 2010() ------------------------- CC.6/1995 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... PETITIONER(S): ACCUSED: ------------------------------------------ 1. B.MOHAMMED AYUB, MANAGING DIRECTOR, BURHAN TRADING COMPANY (P) LTD., M.T.CROSS ROAD, BUNDER, MANGALORE. 2. BURHAN TRADING COMPANY (P) LTD., M.T.CROSS ROAD, BUNDER, MANGALORE, REPRESENTED BY ITS MANAGING DIRECTOR, MOHAMMED AYUB. BY ADVS. SRI.M.RAMESH CHANDER, SRI.ANEESH JOSEPH. RESPONDENT(S): COMPLAINANT AND STATE: ---------------------------------------------------------------------- 1. ABDULLA I. ARIYAPPADY, SON OF IBRAHIM, FAZAL MAHAL, NEAR BRIDGE, P.O.UPPALA, KASARAGOD DISTRICT, PIN-671 322. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. R2 BY PUBLIC PROSECUTOR SRI. C.S.HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3191 of 2010 = = = = = = = = = = = = = = Dated this the 11 th day of August, 2010 ORDER Petitioners who are the accused in C.C.No.6/1995 on the file of the Chief Judicial Magistrate, Kasaragod was convicted for an offence punishable under Section 138 of the Negotiable Instrument Act, 1881. Their conviction for the said offence was confirmed in revision by this Court which, however, modified their sentence. As per the modified sentence each of the petitioners was directed to pay a fine of Rs.4,00,000/- (Rupees four lakhs only) and on realisation of the same to pay a total amount of Rs,7,75,000/- to the complainant by way of compensation. Petitioners claim to have directly paid an amount of Rs.7,75,000/- (Rupees seven lakhs seventy five thousand only) to the 1st respondent/ complainant. They are prepared to remit the balance amount of Rs.25,000/- (Rupees twenty five thousand only) due by way of fine within two weeks Crl. M.C. No. 3191 of 2010 2 from today. The petitioners may produce evidence of direct payment of Rs.7,75,000/- to the complainant and also deposit the balance amount of Rs.25,000/- due as fine before the Chief Judicial Magistrate, Kasaragod within two weeks from today. Thereupon warrants, if any, pending against the petitioner shall be recalled. This Crl.M.C is disposed of as above. Dated this the 11th day of August, 2010. V. RAMKUMAR, JUDGE sj