IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.MC.No. 1354 of 2008 ------------------------- C.C.NO. 186/2002 OF THE CHIEF JUDICILA MAGISTRATE,THIRUVANANTHAPURAM CRA.823/2005 of ADDL.SESSIONS COURT (ADHOC)III, TRIVANDRUM .................... PETITIONER: COMPLAINANT ----------------------- K.SREEDHARAN NAIR, VILAPPURATHU VEEDU, PAPPANAMCODE, THIRUVANANTHAPURAM-18. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: ACCUSED &STATE. ---------------------------- 1. P.G.K.PILLAI, T.C.15/42, ELANKAM DIAMOND HILL, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1354 of 2008 = = = = = = = = = = = = = = Dated this the 1ST DAY OF APRIL, 2008 ORDER The petitioner who is the complainant in C.C.No.186/2002 on the file of the Chief Judicial Magistrate, Thiruvananthapuram which was a prosecution under section 138 of the Negotiable Instruments Act,1881 challenges the operative portion of the judgment dated 25-6-2007 of the Additional Sessions Court(Fast Track-III), Thiruvananthapuram whereby the cheque amount of Rs.1,85,000/- has been directed to be paid as fine with a default sentence of six months imprisonment in addition the imprisonment till the rising of the court but without any direction to pay any amount as compensation to the complainant. 2. It is submitted that the accused has deposited the fine amount of Rs.1,85,000/-. But since there is no direction to pay any CRMC.1354/2008 -2- amount by way of compensation, the petitioner/complainant is deprived of the cheque amount which ought to have been paid to him. 3. Having regard to the fact that by allowing the Crl.M.C.the accused is not going to suffer any prejudice, notice to the first respondent/accused is dispensed with. While confirming the sentence imposed by the lower appellate court, it is further ordered that the fine amount of Rs.1,85,000/- shall be paid to the petitioner/complainant as compensation under Section 357(1)Cr.P.C. This Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks.