Padmakumari, State Bank of Travancore vs A.R. Purushothama Chandrasekharan and State of Kerala

Thomas P. Joseph, J.—Petitioner is accused in C.C. No. 628 of 2000 of the court of learned Judicial First Class Magistrate, Kattakkada for offence punishable u/s 138 of the Negotiable Instruments Act. His conviction and sentence were confirmed in Crl. Appeal No. 851 of 2005 of the court of learned Additional Sessions Judge (Fast Track-I), Thiruvananthapuram. Petitioner filed Crl. R.P. No. 1746 of 2010 in this Court. That revision was disposed of on 24.06.2010 whereby the sentence was modified as fine of Rs. 3,15,000/- and in default of payment to undergo simple imprisonment for six months. It was also directed that on realization of fine, Rs. 3,10,000/- shall be paid to the Respondent/complainant as compensation u/s 357(1)(b) of the Code of Criminal Procedure. Petitioner was directed to appear in the trial court on 24.09.2010 to deposit the fine. Though Petitioner filed a SLP in the Supreme Court against the order dated 24.06.2011, that was dismissed on 04.02.2011. Petitioner seeks time to deposit the fine amount in the trial court. It is stated that on account of pendency of the SLP and difficulty to raise funds Petitioner was not able to deposit the amount on time. 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 dated 24.06.2011 in Crl. R.P. No. 1746 of 2010.

Resultantly, Criminal Miscellaneous Case is disposed of granting Petitioner time till 16.05.2011 to deposit the fine amount of Rs. 3,15,000/- in the trial court (as ordered in Crl. R.P. No. 1746 of 2010). Warrant of arrest issued to the Petitioner will remain in abeyance till 16.05.2011.