JUDGMENT
This Original Petition(Crl.) is filed with the following prayers:
"(i) Direct the Judicial First Class Magistrate Court-III, Mavelikkara to recall Exhibit.P3 warrant issued against the petitioner directing payment of Rs.10,37,500/-
(ii) Restrain the respondents 2 and 3 against the petitioner under the Revenue Recovery Act against the provisions stipulated u/s 357(1)(b) of Criminal Procedure Code.
(iii) Petitioner may be permitted to dispense with the filing of translation of the vernacular documents.
And
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(iv) To pass such other orders or reliefs as deemed fit in the interest of justice."
2. The petitioner was convicted and sentenced by the Judicial First Class Magistrate Court- III, Mavelikkara under Section 138 of the Negotiable Instruments Act. The same was confirmed in appeal and in revision. Thereafter, the petitioner undergone the default sentence for non-payment of the fine/compensation amount. Subsequently, Ext.P3 warrant for recovery of fine was issued from the Judicial First Class Magistrate Court, Alappuzha. Aggrieved by the same, this Original Petition is filed.
3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. Even though notice is served to the 1strespondent, it is returned with an endorsement "not known". The way in which this Original Petition is going to be disposed of, I think, further notice is not necessary to
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the 1strespondent.
4. When this Original Petition came up for consideration on 09.03.2023, this Court passed the following order:
"Admit. Issue notice to the 1strespondent through speed post. Learned Government Pleader takes notice for respondents 2 to 4.
In execution of the distress warrant, the revenue authorities shall not attach any property, other than the immovable properties owned and possessed by the petitioner."
5. It is settled that even if the petitioner undergone the default sentence, the recovery proceedings can continue in the light of the judgment of the Apex Court in Kumaran v. State of Kerala and Another [2017 (2) KHC 929. Moreover, Ext.P3 proceedings is issued to realize the amount of fine as arrears of land revenue from the movable or
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immovable property. I think, the interim order passed by this Court can be retained and I make it clear that the authority concerned can proceed in accordance with law, if there is any immovable property.
Therefore, this Original Petition(Crl.) is disposed of with the following directions:
1. The interim order dated 09.03.2023 is retained and the Judicial First Class Magistrate Court-III, Mavelikkara can proceed against the immovable property, if any, in the name of the petitioner, in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE