IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 543 of 2011() ----------------------------------- C.C.NO.164/05 JUDICIAL 1ST CLASS MAGISTRATE COURT-II, PUNALUR ------------------------------------ PETITIONER(S): ACCUSED ---------------------------------------- O.J.ABRAHAM, OTTATHYCAL HOUSE, NEAR CHANDRA TALKIES, PUNALUR TOWN WARD, PUNALUR POST, PATHANAPURAM TALUK. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- 1. GEORGEKUTTY, S/O.KUNJUKUNJU, GEO BHAVANAM, CHENGAMANADU POST, KOTTARAKARA TALUK.PIN- 696 023 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.543 of 2011 --------------------------------------- Dated this 23rd day of February, 2011 ORDER Petitioner is accused in C.C.No.164 of 2005 of the court of learned Judicial First Class Magistrate-II, Punalur. He was convicted for offence punishable under Sec.138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months on payment of the cheque amount as compensation. In appeal, sentence was modified as imprisonment till rising of the Court. But the direction for payment of compensation was confirmed. Petitioner filed Crl.R.P.No.2394 of 2010 which this Court dismissed as per Annexure-A1, order dated 13.08.2010 directing petitioner to appear before the trial court on 12.11.2010 to receive the sentence and pay `.40,000/- by way of compensation. Petitioner claims that he met with an accident on 10.11.2010 and hence could not comply with the order of this Court. In the meantime, petitioner paid the sum of `.40,000/- by way of compensation to the first respondent who issued Annexure-A2, receipt. Later, first respondent filed Annexure-A3, petition in the trial court acknowledging receipt of compensation but, petitioner claims that the said petition was returned to the counsel by the learned Magistrate. Hence this petition seeking time to the Crl.M.C.No.543 of 2011 -: 2 :- petitioner to appear before the trial court. I have heard learned counsel for petitioner and learned Public Prosecutor. 2. Annexure-A1,order passed by this Court only directed petitioner to pay `.40,000/- to the first respondent as compensation under Sec.357(3) of the Code of Criminal Procedure within three months from the date of the order and petitioner was directed to appear before the trial court on 12.11.2010 which for the reason stated above petitioner could not comply. If first respondent has received the amount, there is no reason why that should not be accepted by the learned Magistrate. It is not necessary that the amount should have deposited in the trial court and then paid to the first respondent. If at all such a course is required, once first respondent acknowledged receipt of the amount necessary entry in the relevant register could be made as directed by this Court in paragraph 4 of the decision in Beena Vs. Balakrishnan Nair (2010(2) KLT 1017). Having regard to the circumstances stated by petitioner I am inclined to grant one months' time to the petitioner to appear before the trial court. Resultantly this criminal miscellaneous case is allowed in the following lines: (i) Petitioner shall appear in the trial court on 18.03.2011 to receive the sentence. Crl.M.C.No.543 of 2011 -: 3 :- (ii) If the first respondent files statement through his counsel acknowledging receipt of compensation as ordered by this Court in Crl.R.P.No.2394 of 2010 learned Magistrate shall entertain that statement and record payment of compensation to the first respondent in the manner directed in paragraph 4 of the decision in Beena Vs. Balakrishnan Nair(supra) . (iii) Warrant of arrest if any issued to the petitioner will stand in abeyance till 18.03.2011. (THOMAS P JOSEPH, JUDGE) Sbna/-