IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Crl.MC.No. 570 of 2008() ------------------------ CC.164/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... PETITIONER: ---------------------- S.GOPAKUMAR, S/O. SIVASANKARAN THAMPI, JAGADA HOUSE NO.280. BHAGAVATHINADA, PALLICHAL, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS: --------------------------- 1. R.N.BALAKRISHNAN NAIR, T.C.9/2083(2), THAMARAKULAM, SASTHAMANGALAM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.570 of 2008 = = = = = = = = = = = = = = Dated this the 7th day of February, 2008 ORDER In this petition filed under Section 482 Cr.P.C, the petitioner, who was the accused in C.C.No.399 of 1998 on the file of the J.F.C.M-III, Neyyattinkara for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.1,50,000/-, seeks permission to deposit the compensation amount of Rs.1,70,000/- as directed by this Court in Crl.R.P.No.1054/2007 and as enhanced to Rs.1,75,000/- by this court while granting further time to deposit the said amount, or to issue a direction to the J.F.C.M-V, Thiruvananthapuram to release the attached gold ornaments kept in C.C.No.164/1999 to the petitioner, so as to enable him to pay off the compensation amount. 2. According to the petitioner, for realisation of the very same amount due under the cheque in question, the 1st respondent had filed O.S.No.49/2001 before the Sub Court, Neyyattinkara and had obtained a decree and in execution of the said decree he has got Annexure F order from the Principal Sub Crl.M.C.No.570 of 2008 2 Court, Thiruvananthapuram attaching the gold ornaments deposited by the petitioner in C.C.No.164/1999 before the J.F.C.M- V (Marklist cases), Thiruvananthapuram. 3. If the petitioner is aggrieved by Annexure F order passed by the Sub Court, his remedy lies elsewhere. As per the orders passed by this Court and as modified subsequently, the petitioner was given time to deposit the compensation amount of Rs.1,75,000/- on or before 13.2.08. If he is disabled from depositing the said amount on account of the order of attachment passed by the Sub Court, his remedy is not a petition under Sec 482 Cr.P.C. Hence, without prejudice to the right of the petitioner to move the appropriate court for getting Annexure F order verified or modified, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE sj