IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 OP(CRL.).NO. 1616 OF 2011(Q) ---------------------------------------- CC.880/2008 OF J.M.F.C.,CHAVAKKAD .................... PETITIONER ------------------ RAJESH, S/O.SUDHAKARAN, AGED 36 YEARS, PERUMBAYIL, VADANAPALLI VILLAGE, THRITHALLOOR POST, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680 619. BY ADV. SRI.K.P.RAMACHANDRAN SMT.BINDHU PAULOSE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 2. SRI.SHAJI, S/O.SAIDALIKUTTY, AGED 32 YEARS, KADUKA PEEDIKA, NATTIKA VILLAGE, NATTIKA POST, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680 566. BY PUBLIC PROSECUTOR SHRI V. MANU R1 ADV. SRI.RAJIT FOR R2 THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 30.06.2008 OF THE SECOND RESPONDENT FILED BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD, NUMBERED AS C.C. NO.880 OF 2008. EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE FEDERAL BANK ACCOUNT STATEMENT SHOWING THE CASH PAYMENT TO THE SECOND RESPONDENT FROM THE PERIOD 19.5.2008 TO 31.3.2011. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE JOINT PETITION DATED 7.9.2009 SUBMITTED BY THE PETITIONER AND THE SECOND RESPONDENT BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD IN C.C. NO.880 OF 2099. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.1616 of 2011 ==================================== Dated this the 23rd day of June, 2011 J U D G M E N T Learned Judicial First Class Magistrate, Chavakkad convicted petitioner in C.C. No.880 of 2008 for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him. He was released after due admonition under Section 3 of the Probation of Offenders Act (for short, “the Act”). There was a further direction under Sec.5 of the Act to pay compensation of Rs.93,000/- to the second respondent-de facto complainant. Petitioner was directed to deposit the said amount in court or pay the same directly to the second respondent within four months from the date of judgment. Petitioner claims to have paid certain amount to the second respondent and seeks further time for payment of balance amount. Learned counsel contended that on account of financial difficulties petitioner was not able to pay the amount and seeks six month's further time to deposit balance amount. Learned counsel for second respondent submitted that the case is of the year 2008 but so far the entire amount was not paid. 2. Having regard to the circumstances stated, petitioner is O.P(Crl.) No.1616 of 2011 -: 2 :- granted three month's further time from this day to pay the entire balance amount due to the second respondent. The amount shall be deposited in the court of learned Magistrate or paid directly to the second respondent in which case second respondent shall file a statement through counsel in the trial court before the time granted hereby, acknowledging receipt of the amount. Non-bailable warrant issued to the petitioner will stand in abeyance during the said period of three months. Original petition is disposed of with the above directions. THOMAS P. JOSEPH, JUDGE. vsv