IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 11529 of 2010(Q) ------------------------------------ CC.749/2007 of J.M.F.C.-I,KOYILANDY .......................................... PETITIONER(S): ---------------------- JAYAN P, S/O ANDIKUTTY PUTHIYOTTIL HOUSE, PUTHIYANGADI PO PAVANGAD, KOZHIKODE. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------------- 1. PRASANTH P.K, S/O.LATE BALAN NAIR VANNARATH HOUSE, NEAR URPPAZHACHIKAVU TEMPLE EDAKKAD PO, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI. ADV. SRI.ALEX.M.SCARIA FOR R1 GOVERNMENT PLEADER MR. C.S. HRITWIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P.(C).No.11529 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 JUDGMENT The petitioner, who is the complainant in C.C.No.749 of 2007 on the file of Judicial Magistrate of the First Class, Koyilandy in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rupees two lakhs, seeks a direction to the Magistrate to consider and pass orders on Ext.P4 application expeditiously. 2. Heard learned counsel for the petitioner and the learned counsel for the first respondent/accused. In the prosecution the first respondent was convicted and sentenced, and the same were affirmed by this Court which granted him six months time to pay the cheque amount. When the matter was pending in the lower appellate court as a condition for suspending the sentence, the first respondent deposited a sum of Rs.40,000/- before the trial court. Petitioner filed Ext.P4 application for withdrawal of said Rs.40,000/-. It is the said application which is alleged to be adjourned from time to time without passing any orders. The learned counsel for the first respondent/accused conceded that since the said Rs.40,000/- W.P.(C)No.11529/2010 : 2 : lying in deposit, is to be permitted to be withdrawn by the petitioner, he has no objection in Ext.P4 application being allowed. Accordingly this writ petition is disposed of directing the Judicial Magistrate of the First Class, Koyilandy to permit the petitioner (Jayan.P), complainant in C.C.No.749/2007 to withdraw the sum of Rs.40,000/- lying in deposit. Formal orders shall be passed by the Magistrate within one week of the date of receipt of a copy of this judgment. V.RAMKUMAR, JUDGE skj