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2017 (2) TMI 701

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..... nd extended by a further period of 2 months from today. It is for the petitioner to appear before the Trial Court on any day on or before 15.03.2017 and to suffer the imprisonment till the rising of the Court and pay the fine amount of ₹ 1,00,000/- (Rupees One lakh only). Until the expiry of the said extended time limit all further coercive steps including issuance of warrant if any, in pursuance of the execution of the sentence in this case will stand under suspension. The learned Public Prosecutor will convey these directions the competent police authorities for necessary compliance. - Crl.M.C. No.199 of 2017 - - - Dated:- 11-1-2017 - ALEXANDER THOMAS, J. FOR THE PETITIONER : ADV. SRI.C.K.SREEJITH FOR THE RESPONDENT : A .....

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..... count was closed by the revision petitioner. Statutory notice was issued to the revision petitioner, which was received by the revision petitioner. However, the revision petitioner did not make payment of the cheque amount within the statutory period or thereafter. 5. Before the court below, PW1 was examined and Exts.P1 to P5 were marked for the complainant. DW1 was examined and Ext.D1 was marked for the revision petitioner. 6. The courts below, after evaluating the oral and documentary evidence adduced by the parties, concurrently found that the revision petitioner executed Ext.P1 cheque as contemplated under Section 138 of the N.I Act. The defence set up by the revision petitioner was also repelled by the courts below. Since there i .....

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..... in the event of realisation of fine, the entire amount shall be given to the complainant as compensation under Section 357 (1) (b) Cr.P.C. The revision petitioner is granted six months time to pay the fine as requested by the learned counsel for the revision petitioner. 2. The petitioner has filed the aforecaptioned Crl.M.C. With the following prayers: (i) To recall the arrest warrant against the petitioner for the execution of the default sentence ordered in Crl.R.P.No.1847/2009 on the file of the Hon'ble High Court of Kerala. (ii) Issue direction to the learned Judicial 1st Class Magistrate No.II, Hosdurg to accept the amount as directed by the Hon'ble High Court in Crl.R.P.No.1847/2009. (iii) Issue direction to the .....

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..... ly in the interest of justice. Accordingly it is ordered that the time for payment of the fine amount of ₹ 1,00,000/- (Rupees One lakh only) will stand extended by a further period of 2 months from today. It is for the petitioner to appear before the Trial Court on any day on or before 15.03.2017 and to suffer the imprisonment till the rising of the Court and pay the fine amount of ₹ 1,00,000/- (Rupees One lakh only). Until the expiry of the said extended time limit all further coercive steps including issuance of warrant if any, in pursuance of the execution of the sentence in this case will stand under suspension. The learned Public Prosecutor will convey these directions the competent police authorities for necessary complian .....

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