IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1480 of 2011() ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.NO. 399/2011 Dated 11/02/2011 ST.NO. 1008/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT-VII, THIRUVANANTHAPURAM .................... PETITIONER(S): PETITIONER/ACCUSED. ----------------------------------------------------------- MOHANAN, S/O.SHANMUKHAN ASARI, T.C.NO.19/1542, NEELA BHAVAN,THAMALAM, POOJAPPURA,THIRUVANANTHAPURAM. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S)/ COMPLAINANT AND STATE -------------------------------------------------------------------- 1. K.SANTHAMMA, W/O.NATESAN ASARI, MELEPUTHENVEEDU, THAMALAM,POOJAPPURA, THIRUVANANTHAPURAM-695 002. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALM. R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1480 of 2011 --------------------------------------- Dated this 24th day of May, 2011 ORDER Petitioner faced trial in S.T.No.1008 of 2006 of the Court of learned Judicial First Class Magistrate-VII, Thiruvananthapuram for offence punishable under Sec.138 of the Negotiable Instruments Act, was convicted and sentenced to undergo simple imprisonment for six months and payment of fine of `.1,80,000/- with a default sentence of imprisonment for four months. In the criminal appeal, substantive sentence was modified as simple imprisonment till rising of the Court while sentence of fine was confirmed. Petitioner filed Crl.R.P.No.399 of 2011 and by order dated 11.02.2011 this Court while confirming the substantive sentence enhanced fine as `.2,25,000/- with a direction that out of the fine if realised, `.2,20,000/- will be paid to the first respondent as compensation and the reminder shall be treated as fine. Petitioner was directed to pay the amount before 12.05.2011. Petitioner states that on account of financial difficulty he was not able to raise the amount and seeks further time. Learned counsel requests that petitioner may be granted three months' further time to pay the amount. I have heard Crl.M.C.No.1480 of 2011 -: 2 :- learned Public Prosecutor also. 2. Having regard to the circumstances stated, petitioner is granted time till 25.07.2011 to comply with the direction in the order dated 11.02.2011 in Crl.R.P.No.399 of 2011. Petitioner shall appear before the learned Magistrate on that day to receive the substantive sentence. Coercive steps if any initiated against petitioner will stand in abeyance till 25.07.2011. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-