IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Crl.MC.No. 3065 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.1878/2008 CC.1043/2001 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S) :- ------------------------ PROF.JOSEPH EDWARD (RETIRED), AGED 57 YEARS, S/O.C.J.EDWARD, CHERUKAD HOUSE, EDATHUA, ALLEPPEY DISTRICT. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S) :- -------------------------- 1. P.THYAGARAJAN, S/O.PADMANABHAN, ASHRAMAM FERRIC LANE, XIII/340 ALUVA. 683101. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.AJITH MURALI FOR R1 PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No. 3065 of 2011 APPENDIX Petitioner's Exhibits :- Annexure 1 :- Copy of the Judgment in Crl.Appeal 854/2006 of the Addl. Sessions Court, (Adhoc I), Ernakulam. Annexure 2 :- Copy of the judgment dated 10.6.2008 High Court of Kerala in Crl.R.P.No.1878/2008. Annexure 3 :- Copy of the order in Crl.M.A.No.6895/2009 in Crl.R.P.No.1878/2008 of this Hon'ble Court. Annexure 4 :- Copy of the receipt dated 9.9.2009 showing payment of money. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3065 of 2011 ----------------------------------- Dated this the 3rd day of October 2011 O R D E R Petitioner was convicted by the learned Magistrate for offence punishable under Sec.138 of N.I.Act. His conviction was confirmed by the appellate court and also by this Court. The accused was sentenced to undergo imprisonment till the rising of the court and to pay Rs.4,00,000/- which was subsequently modified to Rs.4,20,000/-. The accused admittedly did not appear before the learned Magistrate to undergo the sentence. A receipt was produced to show that he had paid the amount to the complainant. The learned Magistrate did not rightly accept that receipt because the complainant was not present. His identity was to be testified by the counsel. It was not done. 2. Now, the learned counsel for the complainant submits that the complainant will appear before the learned Crl.M.C. No.3065 of 2011 -: 2 :- Magistrate on a day which may be fixed by this Court. In view of the said submission, this Crl.M.C. is disposed of as stated below :- (i)The accused and the complainant will appear before J.F.C.M.-I, Aluva on 20.10.2011. On that day, the accused will undergo imprisonment till the rising of the court. (ii)If the complainant had received the amount, he will file an affidavit to the effect that he had received the amount due to him as per the impugned judgment/order of this Court. The learned counsel for the complainant would testify the identity of the complainant. (iii)Till then, the execution of the NBW shall be kept in abeyance. N.K.BALAKRISHNAN, JUDGE. Jvt