IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Crl.MC.No. 3852 of 2010() ----------------------------------- ST.273/2009 of JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM .................... PETITIONER(S): ACCUSED ------------------------------------- GRACY KUTTY, AGED 43 YEARS, TEACHER, INFANT JESUS ANGLO INDIAN SCHOOL, TANGASSARY, KOLLAM. BY ADV. SRI.H.HARIKUMAR (KOLLAM) RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. RADHAKRISHNAN NAIR, S/O.VELAYUDHAN NAIR, SHYAMALALAYAM NO.95, ASRAMOM GARDENS, KOLLAM EAST VILLAGE, KOLLAM TALUK.18. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.31. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3852 of 2010 -------------------------- ORDER Petitioner, the accused in S.T.No.253/2009 on the file of Judicial First Class Magistrate's Court-III, Kollam, filed this petition to modify the order passed by the learned Magistrate on 15.09.2010, in a petition filed under Section 311 of Code of Criminal Procedure, without producing the order. Petitioner is the accused in the case, being tried for the offence under Section 138 of Negotiable Instruments Act. Grievance of the petitioner is that she could not pay the cost ordered in the petition filed under Section 311 of Code of Criminal Procedure because of her financial conditions and as a result, the petition stands dismissed. 2. Petitioner is at liberty to approach the learned Magistrate by paying the cost as directed in the petition filed under Section 311 of Code of CRMC 3852/10 2 Criminal Procedure, if it was dismissed for failure to pay the cost and apply for cross-examination of the complainant. If such an application is filed, Magistrate to dispose the application in accordance with law. Petition is disposed. 17th September, 2010 (M.Sasidharan Nambiar, Judge) tkv