IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 3149 of 2010() -------------------------------------- C.C.274/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KASARAGOD. ................... PETITIONER/ACCUSED: ---------------------------------- JOGESH ACHARYA, AGED 45 YEARS, S/O.JANARDHANA ACHARYA, MEGHAVARSHINI, IST FLOOR, NETHRAVATHI LAYOUT EXTENSION, OPP. SAMRITHI SABHA, GARODI BHAVAN, MANGALORE-2. BY ADV. SRI.T.MADHU RESPONDENTS/DEFACTO COMPLAINANT & STATE --------------------------------------------------------------------------- 1. DINESH KUMAR A., S/O.JANARDHANA ACHARYA, RESIDING AT AILA HOUSE, UPPALA VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3149 OF 2010 --------------------------------------------- Dated 30th August, 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act by Judicial First Class Magistrate-II, Kasargod in C.C.274/2008. By Annexure-3 order in Crl.R.P.744/2010, this court modified the sentence to fine of Rs.95,000/- with a direction to pay the fine on realisation, as compensation to first respondent. Petition is filed under Section 482 of Code of Criminal Procedure to direct the Judicial First Class Magistrate-II, Kasargod to reckon the full satisfaction of the decree in E.P.182/2009 as due deposit of the fine and payment of compensation as ordered by this court in Annexure-3 judgment. Crmc 3149/10 2 Case of the petitioner is that for realisation of the same amount covered by the dishonoured cheque first respondent/complainant filed O.S.16/2009 before Munsiff's court, Kasargod and decree was passed and in execution of the decree in E.P.182/2009, 10.5 cents in R.S.No.187/10 E of Uppala village belonging to the petitioner was attached and sold and purchased by the first respondent being the decree holder and he thereby realised the amount due under the dishonoured cheque and in such circumstances, a direction is to be issued to the Magistrate that fine amount has already been paid or realised. 2. Learned counsel appearing for the petitioner was heard. Crmc 3149/10 3 3. Argument of the learned counsel is that Annexure-3 order enables the petitioner to pay the fine directly to the first respondent and in such circumstances, when in execution of the decree property of the petitioner was sold and purchased by the first respondent, first respondent is not entitled to get any further amount as compensation and therefore, a direction is to be issued. 4. By Annexure-3 order, this court has already modified the sentence to fine. True, fine so realised was directed to be paid as compensation under Section 357(1) of Code of Criminal Procedure. Even if, it is taken that first respondent will not be entitled to get compensation, by filing a petition under Crmc 3149/10 4 Section 482 of Code of Criminal Procedure, petitioner is not entitled to challenge Annexure-3 order sentencing him to pay a fine of Rs.95,000/-. In such circumstances, petition can only be dismissed. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.