ORDER

The Criminal Miscellaneous Case is filed to quash Annexure A7 proceedings passed by the Court of the Judicial First Class Magistrate-6, Ernakulam (‘Trial Court’, for brevity), issuing a non-bailable warrant against the petitioners.

2. The brief facts in the Crl.M.C. are as follows:

The petitioners were the accused 1 to 3 in S.T.

No. 2373/2008 on the file of the Trial Court, which was filed by the second respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act . By Annexure A1 judgment, the Trial Court convicted the first petitioner company and the petitioners 2 and 3 and sentenced the first petitioner to pay a fine of Rs. 5000/- and the petitioners 2 and 3 to undergo simple imprisonment for three months and to pay a compensation of Rs. 10,65,000/- to the second respondent, with a default sentence of one month. Aggrieved by the said judgment, the petitioners preferred an appeal before the Additional Sessions Court (Adhoc-2), Ernakulam (‘Appellate Court’, for short). The appeal was partly allowed by confirming the conviction, but by modifying the sentence to the extent that the petitioners 2 and 3 to pay a compensation of R