Petitioner was convicted and sentenced for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C. No.28 of 2008 by the learned Judicial First Class Magistrate-II, Ottappalam which was confirmed by the learned Sessions Judge, Palakkad in Crl. Appeal No.521 of 2009. This Court disposed of the criminal revision (Crl. R.P. No.1754 of 2011) arising therefrom with certain directions including that the petitioner shall surrender before the learned Judicial First Class Magistrate-II, Ottappalam to serve the substantive sentence of imprisonment till rising of the court and to report payment of compensation. The time granted has expired. 2. According to the learned counsel, the petitioner has settled the dispute with the de facto complainant.
3. On hearing both sides, I am of the view that proper remedy of the petitioner is to make application in Crl. R.P. No.1754 of 2011 for extension of time to surrender before the learned Judicial First Class Magistrate-II, Ottappalam. However, it
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is directed that warrant of arrest if issued to the petitioner by the learned Judicial First Class Magistrate-II, Ottappallam in C.C. No.28 of 2008 would remain in abeyance for a period of ten days from this day so that in the meantime, the petitioner can file application in Crl. R.P. No.1754 of 2014.
The application is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
vsv