IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 12TH APRIL 2007 / 22ND CHAITHRA 1929 Crl.MC.No. 1183 of 2007() ------------------------- CC.510/1997 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER: ------------------ RAJAGOPAL S/O.GOPALA PILLAI, DARSANA THADIYOOR P.O., THIRUVALLA. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS: --------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PHILIPOSE MATHAI, ATTATHARAYIL VEEDU, KOZHENCHERRY. BY ADV. SRI.SREEJITH S.NAIR PUBLIC PROSECUTOR S U NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1183 of 2007 ---------------------------------------- Dated this the 12th day of April 2007 O R D E R The petitioner was found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. The verdict of guilty, conviction and sentence has now become final with the disposal of the revision petition by this court. The petitioner faces a sentence of fine of Rs.2,00,000/-. The cheque was for an amount of Rs.2,00,000/- Default sentence is also imposed. The entire fine amount, if realised, is directed to be paid to the complainant as compensation under Section 357(1) Cr.P.C. 2. The sentence is to pay fine and therefore ordinarily and normally, the petitioner must have remitted the fine amount in court and it was for the court to release the amount to the complainant under Section 357(1) Cr.P.C. Instead, the petitioner claims that an amount of Rs.2,00,000/- was paid by him directly to the complainant. The learned Magistrate is taking steps to execute the default sentence in as much as the fine amount has Crl.M.C.No.1183/07 2 not been paid before the learned Magistrate. In these circumstances, the petitioner, along with the complainant, has come before this court. They pray that they may be permitted to compound the offence at the post revision stage, by invoking the dictum in Sabu George v. Home Secretary [2007(1) KLT 982]. 3. The respondent has entered appearance through counsel. The parties have filed a joint application. The receipt of the entire amount is acknowledged by the complainant in such joint application. 4. The short question to be considered is whether in the peculiar facts and circumstances of this case, any further steps in execution needs or deserves to be taken. The question is not really one of composition. The direction to pay fine and to release the fine amount as compensation to the complainant under Section 357(1) Cr.P.C has effectively been complied with though there is no literal compliance of the direction to pay the fine in court. 5. I am satisfied that in the interests of justice, it can be declared that the sentence has been duly complied with and it is not necessary now to execute the default sentence. Such a Crl.M.C.No.1183/07 3 direction, I am satisfied, shall serve the ends of justice eminently in the facts and circumstances of the instant case. This is certainly a fit case where such a direction ought to be issued by invoking the powers under Section 482 Cr.P.C. The only other course will be to insist that the petitioner must get back the amount of Rs.2,00,000/- from the complainant and remit the same in court to enable the learned Magistrate to release the same back to the complainant. 6. In the result, this Criminal Miscellaneous Case is allowed. Directions are issued under Section 482 Cr.P.C that the learned Magistrate need not now attempt to execute the default sentence in C.C.No.510/1997, the verdict of which case has been upheld in Crl.R.P.No.1819/2005. The learned Magistrate shall close the proceedings and enter in the relevant registers that the direction to pay the amount of fine and to release the amount of compensation have been substantially and satisfactorily complied with by direct payment as endorsed by this court. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.1183/07 4 Crl.M.C.No.1183/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF APRIL 2007