IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 20TH APRIL 2011 / 9TH VAISAKHA 1933 CRL.MC.NO. 1324 OF 2011() ---------------------------------------- CRA.851/2005 OF ADDL. SESSIONS COURT (ADHOC), TRIVANDRUM .................... PETITIONER(S): APPELLANT/ACCUSED -------------------------------------------------------- PADMAKUMARI, STATE BANK OF TRAVANCORE, KADAYARAVILAKOM VEEDU ARUMALLOOR, MARANALLOOR DESOM, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN RESPONDENT(S): COUNTER PETITIONER/STATE ----------------------------------------------------------------------- 1. A.R.PURUSHOTHAMA CHANDRASEKHARAN, EDATHARA VEEDU PARALLEL COLLEGE LANE NEAR BUS STAND KATTAKADA. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON 20/04/2011 PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1324 of 2011 ==================================== Dated this the 29th day of April, 2011 O R D E R Petitioner is accused in C.C. No.628 of 2000 of the court of learned Judicial First Class Magistrate, Kattakkada for offence punishable under Section 138 of the Negotiable Instruments Act. His conviction and sentence were confirmed in Crl. Appeal No.851 of 2005 of the court of learned Additional Sessions Judge (Fast Track-I), Thiruvananthapuram. Petitioner filed Crl. R.P. No.1746 of 2010 in this Court. That revision was disposed of on 24.06.2010 whereby the sentence was modified as fine of `3,15,000/- and in default of payment to undergo simple imprisonment for six months. It was also directed that on realisation of fine, `3,10,000/- shall be paid to the respondent/complainant as compensation under Section 357(1)(b) of the Code of Criminal Procedure. Petitioner was directed to appear in the trial court on 24.09.2010 to deposit the fine. Though petitioner filed a Special Leave Petition in the Supreme Court against the order dated 24.06.2011, that was dismissed on 04.02.2011. Petitioner seeks time to deposit the fine amount in the trial court. It is stated that CRL.M.C. No.1324 of 2011 -: 2 :- on account of pendency of the SLP and difficulty to raise funds petitioner was not able to deposit the amount on time. I have heard learned Public Prosecutor also. Having regard to the circumstances stated I am inclined to grant time to the petitioner to comply with the order dated 24.06.2011 in Crl. R.P. No.1746 of 2010. Resultantly, Criminal Miscellaneous Case is disposed of granting petitioner time till 16.05.2011 to deposit the fine amount of `3,15,000/- in the trial court (as ordered in Crl. R.P. No.1746 of 2010). Warrant of arrest issued to the petitioner will remain in abeyance till 16.05.2011. THOMAS P. JOSEPH, JUDGE. vsv