The petitioner has approached this Court seeking to set aside Ext.P1 which is a warrant issued to the petitioner with reference to Section 421 of the Cr.P.C. for recovery of the fine amount of Rs.37600/- forming the subject matter of C.C. 140 of 2001 of the JFCM Court, Thrissur . The learned Counsel for the petitioner submits that the petitioner does not intend to press the challenge and indulgence of this Court is sought for to satisfy the liability by way of installments.
2. Heard the learned Government Pleader as well.
3. Pursuant to the order passed by this Court on 14.11.2014 , a copy of the verdict passed by the third additional Sessions Judge, Fast Track Court No.1, Thrissur in Criminal Appeal 663/2003 dated 30.10.2004 has been produced before this Court. It is seen that the petitioner was the accused in C.C..140 of 2001 and as per the judgment passed by the Trial Court, the petitioner was convicted and sentenced to undergo simple imprisonment for three months and to pay Rs.37,600/- as compensation to the defacto complainant and in default to undergo simple imprisonment for three months in respect of the 2 offence under Section 138 of the Negotiable Instruments Act. In the appeal, a lenient view was taken by the appellate Court and in the result, while confirming the conviction under Section 138, the sentence was modified, whereby the petitioner/appellant was sentenced to undergo simple imprisonment till rising of the Court and to pay Rs.37600/- to the first respondent as compensation and in default to undergo simple imprisonment for two months. Admittedly, the petitioner succeeded in evading payment for past ten years. It is in the said circumstance that Ext.P1 warrant was issued by the JFCM Court, Thrissur .
4. This is not a proceeding under the Revenue Recovery Act, but under the relevant provisions of the Cr.P.C. In view of the fact that the petitioner did not take any steps to liquidate the liability at least within a reasonable time, after passing the verdict by the appellate Court in the year 2004, this Court finds that this is not a fit case to call for interference. Accordingly, interference is declined and the writ petition is dismissed.
P.R.RAMACHANDRA MENON JUDGE lk