IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Crl.MC.No. 3357 of 2011() ------------------------------------ C.C. NO.2339/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THRISSUR. ............... PETITIONER/ACCUSED: ----------------------------------- VIJAYA, W/O.SUBHASH CHANDRAN, VELLOMPARAMBATH PANIKKASSERY HOUSE, MADAVANA DESOM, ERIYAD VILLAGE, KODUNGALLOOR TALUK, THRISSUR. BY ADV. SRI.A.RANJITH NARAYANAN, SRI.S.K. SAJU. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------- 1. ANAND. A.V., AVATHAMVEETIL HOUSE, KANIMANGALAM P.O., THRISSUR-680 027. 2. STATE OF KERALA, REP. BY THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.ALEX M.THOMBRA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3357 of 2011 ----------------------------------- Dated this the 30th day of September 2011 O R D E R Petitioner who was the accused in C.C.No.2339/2009 of J.F.C.M.-II, Thrissur pleaded guilty in a case filed against her under Sec.138 of N.I.Act. The learned Magistrate accepted the plea, convicted and sentenced her to undergo imprisonment till the rising of the court and to pay Rs.3,50,000/- to the complainant. That amount was to be paid within 8 months from the date of that judgment. The judgment was pronounced on 25.11.2010. The learned counsel submits that on the date when the judgment was pronounced, a sum of Rs.50,000/- was deposited before the learned Magistrate. The balance sum of Rs.3,00,000/-could not be deposited since she was having heart ailments etc., the learned counsel submits. Now the request is to modify the order passed by the learned Magistrate. Crl.M.C. No.3357 of 2011 -: 2 :- Considering all the aspects, this Crl.M.C. is disposed of with the following directions :- (i)The petitioner will deposit Rs.1,00,000/- within three weeks from today and on that day, the petitioner will undergo imprisonment till the rising of the court, if she had not undergone that sentence. (ii)Out of the balance of Rs.2,00,000/-, Rs.1,00,000/- shall be deposited within another one month and the remaining balance sum of Rs.1,00,000/- shall be deposited within another 11/2 months. N.K.BALAKRISHNAN, JUDGE. Jvt