Petitioner is the accused in C.C. No.127 of 2011 on the file of the Judicial First Class Magistrate Court, Kunnamangalam. He was involved in an offence punishable under Section 138 of the Negotiable Instruments Act. Kerala State Financial Enterprises Limited (for short 'KSFE') is the complainant. It is seen from Annex.A1 judgment that the trial court found the accused/petitioner guilty, but released him on admonition under Section 3 of the Probation of Offenders Act. It was also directed by the trial court that an amount of `30,059/- shall be paid by the petitioner to the KSFE on or before 31.1.2013.
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2. Heard the learned counsel for the petitioner and the learned standing counsel for KSFE. Learned counsel submitted that the petitioner could not make up the amount before 31.1.2013 and therefore he could not pay money within the stipulated time. However, the amount was paid on 12.3.2014. Learned standing counsel for KSFE acknowledges the receipt of money. Grievance of the petitioner is that since the amount was not paid in time, he approached the trial court with a request to extent the time for payment. But the court was reluctant to condone delay in paying the amount and insisted to further implement the directions in the judgment. Considering the facts and circumstances, I am of the view that the petitioner is legally entitled to get a considered order from the trial court in the mater of paying off the liability, especially when KSFE has no quarrel regarding the receipt of money. It is submitted by the learned counsel for the petitioner that the court Crl.M.C. No.2567 of 2014 :3:
below issued a warrant against the petitioner in spite of the fact that the factum of payment was reported to the court. I am of the view that the continuation of coercive steps is improper and hence the following directions:
Non-bailable warrant in C.C. No.127 of 2011 issued by the court below against the petitioner is hereby recalled. In the event the petitioner files an application before the trial court showing sufficient reasons for condoning delay, the learned Magistrate shall consider the application and hear the matter on merits and dispose of the same within a period of one month from the date of filing of application.
A.HARIPRASAD, (JUDGE) dl/