IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Crl.MC.No. 3694 of 2009() ---------------------------------- (CMP.1566/2009 IN C.C.NO. 824/2003 OF JUDL.MAGISTRATE OF FIRST CLASS-I, KOYILANDY) .................... PETITIONER(S): ---------------------- K.C.SAROJINI AMMA, W/O.N.P.BALAN NAIR, AGED 58 YEARS, NADUCHALIL PARAMBIL, P.O.KOOTHALI, PERAMBRA, KOZHIKODE DISTRICT, MAVOOR, KOZHIKODE. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): STATE: ----------------------------------- STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mns M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3694 OF 2009 ------------------------------------------ Dated 17th November 2009 O R D E R Petitioner is the Managing Partner of Malabar Products and Exports and the first accused in C.C.824/2003 on the file of Judicial First Class Magistrate, Koyilandy. Accused were convicted for the offence under Section 138 of Negotiable Instruments Act. Petitioner challenged the conviction before Sessions court, Kozhikode in Crl.A.186/2007. As a condition for suspension of sentence as directed by the Sessions Judge, petitioner deposited Rs.12,500/- before the Magistrate. Later the appeal was dismissed. Petitioner challenged the conviction as confirmed in the appeal before this court in Crl.R.P.2185/2008. Revision was disposed confirming conviction but modifying the sentence to a fine of Rs.1,50,000/-. Sentence as against the petitioner alone was modified. Sentence as against the petitioner namely fine of Rs.5,000/- is subsisting. Petitioner filed C.M.P.1566/2009 before Judicial First Class Crmc 3694/09 2 Magistrate, Koyilandy, to withdraw the amount of Rs.12,500/- deposited before the Magistrate, as directed by the Sessions court in criminal appeal. By Annexure-A3 order, it was dismissed with liberty to file an application after getting the distress warrant executed finding that for realisation of the fine of Rs.5,000/- distress warrant is issued against the firm. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 order and for a direction to the Magistrate to release the entire amount. 2. Learned counsel appearing for the petitioner was heard. 3. Though sentence passed against the petitioner was modified in Crl.R.R.2185/2008, the conviction and sentence passed against the first accused firm was not challenged either in appeal or in revision. First accused was convicted and sentenced to fine of Rs.5,000/-. Petitioner, being the Managing Partner, will definitely be liable for the same. It is in such circumstances, learned Magistrate did not permit petitioner to withdraw the amount in deposit. In such circumstances, I find no Crmc 3694/09 3 reason to interfere with Annexure-A3 order. If the petitioner files an application before the learned Magistrate submitting that Rs.5,000/- out of the deposit could be adjusted towards the fine payable by the first accused firm and to release the balance amount, Judicial First Class Magistrate, Koyilandy to release the balance amount to the petitioner. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.