IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1494 of 2011() ------------------------------------ IN RESPECT OF THE ORDER IN CRL.RP. 325/2011 OF THIS HONOURABLE COURT. ........... PETITIONER(S): ACCUSED ------------------------------------- C.K.IBRAHIM, S/O.UNNIKKAMMATH, PERUVAYIL VEEDU, NEAR BOYS HIGH SCHOOL GROUND, P.O.WADAKKANCHERRY. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. K.YOOSUF, S/O.YOOSU, KANNAMKULATHINGAL VEEDU, KALLADIPATTA AMSOM, AND DESOM, P.O.KALLADIPATTA, ONGALLUR, OTTAPALAM TALUK, PIN 679 303. R1 BY PUBLIC PROSECUTOR SRI.MANU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1494 of 2011 ==================================== Dated this the 24th day of May, 2011 O R D E R Pubic prosecutor takes notice for the first respondent. Notice to the second respondent is dispensed with in view of the order I propose to pass. 2. Petitioner is accused in S.T. No.1621 of 2006 of the court of learned Judicial First Class Magistrate, Pattambi for offence punishable under Section 138 of the Negotiable Instruments Act. He was convicted and sentenced. Though he challenged the conviction and sentence in Crl. Appeal No.721 of 2008, learned Additional Sessions Judge-II, Palakkad confirmed the same. Thereon petitioner challenged judgment in the Criminal appeal in Crl. R.P. No.325 of 2011 in this Court. This Court by order dated February 01, 2011 disposed of the revision directing petitioner to deposit fine of `2,50,000/- in the trial court on or before May 02, 2011 and in default in payment to undergo simple imprisonment for three months. Petitioner in this proceeding seeks extension of time for depositing the amount in the trial court. Leaned counsel submits that on account of financial difficulties petitioner was not CRL.M.C. No.1494 of 2011 -: 2 :- able to raise the amount. I have heard learned Public prosecutor also. Having regard to the circumstances stated I am inclined to grant time to the petitioner to comply with the order in Crl. R.P. No.325 of 2011. Resultantly this Criminal Miscellaneous Case is disposed of granting petitioner time till 23.06.2011 to comply with the order in Crl. R.P. No.325 of 2011. Petitioner shall appear in the trial court on the said day. Coercive steps if any taken against petitioner will remain in abeyance till then. THOMAS P. JOSEPH, JUDGE. vsv