IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, 9TH DAY OF APRIL 2008/20TH CHAITHRA 1930 Crl.MC.No. 1506 of 2008 ------------------------- C.C.NO. 140/2004 OF THE J..C.M.II MOBILE, KOZHIKODE. PETITIONER: COMPLAINANT ----------------------- SAMAD, S/O. MOIDEEN KOYA, BAITHU MARIYAM, THIRUVANNOOR KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. K.SANKARANARAYANAN STATE BANK OF INDIA, RAMANATTUKARA BRANCH, KOZHIKODE. 2. STATE OF KERALA REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1506 of 2008 = = = = = = = = = = = = = = Dated this the 9th April , 2008 ORDER The petitioner who is the complainant in C.C.No.140/2004 on the file of the Judicial First Class magistrate Court-II(Mobile), Kozhikode which was a prosecution under Section 138 of the Negotiable Instruments Act, submits that he has received the amount of compensation within the time granted by this Court as per final order dated 5-6-2007 in Crl.R.P.No.2209 of 2007. The petitioner also submitted that the first respondent/accused had undergone the default sentence pursuant to the judgment of the lower appellate court and prays for closing the execution proceedings as the accused has become alcoholic requiring medical treatment as evidenced by Annexure-II medical certificate. 2. After considering the entire facts and circumstances of the case, I am inclined to allow the prayer of the petitioner. Accordingly, execution proceedings in C.C.NO.140/2004 on the file of the Judicial First Class Magistrate Court-II, Mobile, Kozhikode shall stand closed. This Crl.M.C. is disposed of accordingly. V. RAMKUMAR, JUDGE ks.