IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Crl.MC.No. 1916 of 2011() --------------------------------------- PETITIONER(S): ------------------------- AJU SEN BHAVAN, T.C.NO.76/314,KADAKAMPALLY ROAD, ANAYARA P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.RAJESH P.NAIR RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. MATHEW SUNNY THOMSON AND SREEVILASOM TILES, CHAKKAI ITI, PETTA P.O.,THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1916/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE ORDER DTD. 20/10/2010 IN CRL.R.P.NO.3097/2010. ANNEX.B: COPY OF THE RECEIPT DTD. 15/01/2011. ANNEX.C: COPY OF THE PETITION FILED BY THE 2ND RESPONDENT/ COMPLAINANT U/S. 257 CR.P.C. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1916 of 2011 --------------------------------------- Dated this 27th day of June, 2011 ORDER Petitioner is accused in C.C.No.211 of 2004 of the Court of learned Judicial First Class Magistrate (Special Court for Mark List Cases), Thiruvananthapuram for offence punishable under Sec.138 of the Negotiable Instruments Act. He was convicted and sentenced by the learned Magistrate. That conviction and sentence were challenged before learned Additional Sessions Judge, Fast Track-III, Thiruvananthapuram in Crl.Appeal.No.1217 of 2006. Appellate court confirmed the conviction and modified the substantive sentence to simple imprisonment till rising of the Court with a fine of `.2,50,000/- payable to the second respondent. That judgment was challenged in Crl.R.P.No.3097 of 2010. This Court disposed of that revision on 20.10.2010 retaining the substantive sentence and converting fine as compensation of `.3,00,000/- payable to the second respondent. Petitioner was directed to appear before learned Magistrate on 20.01.2011. Petitioner states that he has paid compensation to the second respondent on 15.01.2011 but second respondent or counsel did not appear in the trial court on 20.01.2011 to report Crl.M.C.No.1916 of 2011 -: 2 :- receipt of the amount. On 05.03.2011 second respondent appeared through counsel and filed Annexure-C, petition acknowledging receipt of amount and withdrawing the case. Trial court has insisted on petitioner getting extension of time. Hence this petition. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. Having regard to the circumstances stated I am inclined to grant time to the petitioner till 05.08.2011 to appear before learned Magistrate. Resultantly this criminal miscellaneous case is disposed of in the following lines: (i) Petitioner is directed to appear before learned Judicial First Class Magistrate (Special Court for Mark List Cases), Thiruvananthapuram on 05.08.2011 to receive the substantive sentence. (ii) If the second respondent has already filed any statement through counsel acknowledging receipt of the amount and if not, filed such statement in the trial court on or before the said day acknowledging receipt of compensation, learned Magistrate shall accept the same as sufficient compliance with the direction in the order dated 20.10.2010 in Crl.R.P.No.3097 of 2010 and make necessary Crl.M.C.No.1916 of 2011 -: 3 :- entries in the relevant register as directed in paragraph 5 of the decision in Beena Vs. Balakrishnan Nair (2010(2) KLT 1017). (iii) Warrant of arrest issued to the petitioner will stand in abeyance till 05.08.2011. (THOMAS P JOSEPH, JUDGE) Sbna/-