IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Crl.MC.No. 2006 of 2011 ---------------------------------- [S.T.NO.1621/2006 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI] .................... PETITIONER/ACCUSED: ---------------------------------- C.K.IBRAHIM, S/O.UNNIKKAMMATH, PERUVAYIL VEEDU, NEAR BOYS HIGH SCHOOL, GROUND, P.O.WADAKKANCHERRY. BY ADV. SRI.P.K.SAJEEV. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. K.YOOSUF, S/O.YOOSUF, KANNAMKULATHINGAL VEEDU, KALLADIPATTA AMSOM AND DESOM, P.O.KALLADIPATTA,ONGALLUR, OTTAPALAM TALUK, PIN -679 303. R1 BY PUBLIC PROSECUTOR SRI. V. MANU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.2006/2011: APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A1: COPY OF THE ORDER DTD. 01/02/2011 IN CRL.R.P.NO.325/2011. ANNEXURE A2: COPY OF THE ORDER DTD 24/05/2011 IN CRL.M.C. 1494/2011. ANNEXURE A3: COPY OF THE STATEMENT DTD 27/06/2011 GIVEN BY THE R.2. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.2006 of 2011 --------------------------------------- Dated this 01st day of July, 2011 ORDER Petitioner is accused in S.T.No.1621 of 2006 of the Court of learned Judicial First Class Magistrate, Pattambi for offence punishable under Sec.138 of the Negotiable Instruments Act. He challenged his conviction and sentence in Crl.Appeal.No.721 of 2008. The judgment of learned Additional Sessions Judge-II, Palakkad in the appeal was challenged in this Court in Crl.R.P.No.325 of 2011. That revision was disposed of by Annexure-A1, order dated February 1, 11 modifying the sentence as fine of `.2,50,000/- with a further direction that the amount shall be paid before May 02, 2011 and that out of the said amount `.2,45,000/- shall be paid to the second respondent by way of compensation. Petitioner approached this Court with Crl.M.C.No.1494 of 2011 seeking extension of time and this Court by order dated 24.05.2011 (Annexure-A2) extended time for compliance of the order dated 01.02.2011. Petitioner says that he has paid `.2,45,000/- to the second respondent by way of compensation directly as revealed from Annexure-A3, statement dated 27.06.2011. He seeks some time for payment of the fine Crl.M.C.No.2006 of 2011 -: 2 :- amount in the trial court and a direction to the learned Magistrate to accept payment made to the second respondent as sufficient compliance of the order dated 01.02.2011. I have heard learned Public Prosecutor also. 2. As the Court has imposed a fine it ought to have been deposited in Court and it was for learned Magistrate to disburse the amount received by way of compensation to the second respondent under Sec.357(1) of the Code of Criminal Procedure. But if the compensation payable to the second respondent has already been paid, that could be taken as sufficient compliance of that part of the order dated 01.02.2011. I am inclined to grant some time to the petitioner to deposit the fine in the trial court. Resultantly this criminal miscellaneous case is disposed of in the following lines: (i) Petitioner is granted time till 15.07.2011 to deposit the fine of `.5,000/- (Rupees Five Thousand Only) in the trial court. (ii) If second respondent files statement in the trial court through counsel on or before 15.07.2011 acknowledging receipt of `.2,45,000/- by way of compensation, that shall be taken as sufficient compliance of the order dated 01.02.2011 and learned Magistrate shall make necessary entries in the relevant register as Crl.M.C.No.2006 of 2011 -: 3 :- directed in the decision in Beena Vs. Balakrishnan Nair (2010(2) KLT 1017). (iii) Non bailable warrant if any issued to the petitioner will stand in abeyance till 15.07.2011. (THOMAS P JOSEPH, JUDGE) Sbna/-