Petitioner is accused in S.T.No.567 of 2005 of the court of learned Judicial First Class Magistrate-II, Kollam for offence punishable under Section 138 of the Negotiable Instruments Act. His conviction and sentence were challenged before learned II Additional Sessions Judge, Kollam in Crl.Appeal No.400 of 2008. Learned II Additional Sessions Judge modified the sentence as imprisonment till rising of court and fine of `.50,000/-. Petitioner challenged that judgment in this Court in Crl.R.P.No.3337 of 2010. This Court by order dated February 23, 2011 while confirming the substantive sentence as modified by the appellate court further modified sentence of fine as `.65,000/- with a further direction that on realization of that amount, `.62,500/- will be paid to the second respondent/complainant as compensation. Petitioner was directed to deposit remaining `.2,500/- as fine in court. There was a further direction to the petitioner to appear before learned Magistrate on 23.05.2011. Petitioner states that on account of financial difficulties he was unable to raise the amount and seeks extention of time. Learned counsel requested that petitioner may be granted three months further time to comply with the order. I have heard learned Public Prosecutor also.
2. Having regard to the circumstances stated I am inclined to grant Crl.MC No.1842/2011 2 petitioner two months further time from this day to comply with the direction issued by this Court in the order dated February 23, 2011 in Crl.R.P.No.3337 of 2010.
Resultantly this Criminal Miscellaneous Case is disposed of in the following lines:
i. Petitioner is directed to appear before learned Judicial First Class Magistrate-II, Kollam on 17.08.2011 to receive the sentence.
ii. Petitioner shall deposit in court the sum of `.62,500/- (Rupees Sixtytwo thousand and five hundred only) (payable to second respondent as compensation) on or before the said date. It shall be sufficient compliance with the said direction if petitioner paid the said amount to the second respondent directly and the latter filed a statement before learned Magistrate on or before the date aforesaid through his counsel acknowledging receipt of the said sum of `.62,500/-.
iii. Petitioner shall on or before the aforesaid date deposit before learned Magistrate the sum of `.2,500/- (Rupees two thousand and five hundred only) by way of fine.
iv. Coercive steps if any issued against petitioner will stand in abeyance till 17.08.2011.
THOMAS P.JOSEPH, Judge.
cks