IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Crl.MC.No. 3896 of 2011() ------------------------- CRA.450/2011 of SESSIONS COURT, ERNAKULAM .................... PETITIONER(S): PETITIONERS/APPELLANTS ------------------------------------ 1. M/S.SAHAYADRI CONSTRUCTIONS REP. BY ITS MANAGING PARTNER MATHEW, S/O.VARGHESE, VATTOLIL HOUSE, PARATHODE KARA, UDUMBANCHOLA TALUK, SANTHENPARA POLICE STATION, IDUKKI DISTRICT. 2. MATHEW, S/O. VARGHESE, VATTOLIL HOUSE, PARATHODE KARA, UDUMBANCHOLA TALUK, SANTHENPARA POLICE STATION, IDUKKI DISTRICT. 3. SUNNY, S/O.GEORGE, VATTOLIL HOUSE, PARATHODE KARA, UDUMBANCHOLA TALUK, SANTHENPARA POLICE STATION, IDUKKI DISTRICT. BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.K.S.SUMEESH RESPONDENT(S): RESPONDENT AND STATE ----------------------------------- 1. RAJAN PILLAI, S/O.RAMAN PILLAI, PAZHAYAVEETTIL HOUSE, MANJAPRA KARA, MANJAPRA VILLAGE, PIN-683581. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, DISTRICT COURT, ERNAKULAM, COCHIN-31. R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3896 of 2011() APPENDIX PETITIONERS ANNEXURES: ANNEXURE A1: ORIGINAL OF THE ORDER DATED 16.8.2011 IN CRL.M.P. 2290/2011 OF SESSIONS COURT, ERNAKULAM ANNEXURE A2: PHOTOCOPY OF CRL. M.P. NO:2290/2011 DATED 12.8.2011 ANNEXURE A3: PHOTOCOPY OF THE JUDGENT DATED 7.7.2011 IN C.C.NO:218/2011 RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3896 OF 2011 ( ) ------------------------------------------ Dated this the 16th day of November, 2011 O R D E R The firm, represented by the Managing Partner, and also another partner were convicted by the learned Magistrate for offence under section 138 of Negotiable Instruments Act. The total amount of fine payable by A2 and A3 is shown as Rs.2,00,000/- whereas, the first petitioner firm was directed to pay a sum of Rs.5,000/- as fine. While ordering suspension of the sentence, the learned Sessions Judge inter alia directed all the three accused to deposit Rs.30,000/- each. The learned counsel submits that it would be almost half the amount ordered by the learned Magistrate as Crl. M.C. No: 3896 OF 2011 ( ) -2- compensation and so the Order may be modified. Considering all the aspects, the Order will stand modified as shown below: The petitioners, A2 and A3 will deposit a sum of Rs.20,000/- each, on or before 8.12.2011. This petition is disposed of, accordingly. N.K. BALAKRISHNAN, JUDGE jjj