IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.MC.No. 3192 of 2010() ------------------------- CC.5/1995 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED: ------------------------------------------ 1. MRS.NASEEMA AYUB, DIRECTOR, M/S.BURHAN TRADING COMPANY (P) LTD., M.T.CROSS ROAD, BUNDER, MANGALORE. 2. BURHAN TRADING COMPANY (P) LTD., M.T.CROSS ROAD, BUNDER, MANGALORE, REPRESENTED BY ITS MANAGING DIRECTOR MOHAMMED AYUB. 3. B.MOHAMMED AYUB, MANAGING DIRECTOR, BURHAN TRADING COMPANY(P) LTD., M.T.CROSS ROAD, BUNDER, MANGALORE. BY ADVS. SRI.M.RAMESH CHANDER, SMT.K.A.SANJEETHA, SRI.ANEESH JOSEPH, SMT.C.J.AJITHA. RESPONDENT(S): COMPLAINANT AND STATE: --------------------------------------------------------------------- 1. ABDULLA I. ARIYAPPADY, SON OF IBRAHIM, FAZAL MAHAL, NEAR BRIDGE, P.O.UPPALA, KASARAGOD DISTRICT, PIN-671 322. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. R2 BY PUBLIC PROSECUTOR SRI.C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3192 of 2010 = = = = = = = = = = = = = = Dated this the 11 th day of August, 2010 ORDER Petitioners are the accused in C.C.No.5/1995 on the file of the Chief Judicial Magistrate, Kasaragod which was a prosecution under Section 138 of the Negotiable Instrument Act, 1881. Their conviction for the said offence was confirmed by this Court in revision and as per the sentence imposed they were to pay a fine of Rs.5,25,000/- (Rupees five lakhs twenty five thousand only) out of which Rs.4,75,000/-(Rupees four lakhs seventy five thousand only) was the compensation payable to the complainant/1st respondent after realising of the fine. But instead of depositing the fine amount, the petitioners have directly paid Rs.4,75,000/-(Rupees four lakhs seventy five thousand only) to the 1st respondent/ complainant. They are prepared to deposit the balance amount of Rs.50,000/-(Rupees fifty thousand only) by way of fine within two weeks from today. Crl. M.C. No. 3192 of 2010 2 2. In case the petitioners produce evidence of direct payment of the compensation amount to the complainant, the learned Magistrate shall receive the sum of Rs.50,000/- by way of fine and recall the warrants of arrest against the petitioner. This Crl.M.C is disposed of as above. Dated this the 11th day of August, 2010. V. RAMKUMAR, JUDGE sj