THE HON’BLE SRI JUSTICE RAJA ELANGO CRL.PETITION No. 2623 OF 2009 ORDER: The petitioner approaches this Court with a prayer to quash the docket order dated 3.2.2009 passed by the learned Special Judicial Magistrate of First Class (Mobile), Kamareddy, Nizamabad with further direction to issue a cheque for a sum of Rs.40,000/- deposited by the first respondent herein in C.C.No. 183 of 1995 in terms of the orders passed by this Court in Criminal Revision Case No. 901 of 2003 dated 9.5.2007. The petitioner herein filed a private complaint in C.C. No. 183 of 1995 against the first respondent herein under Section 138 of Negotiable Instruments Act, on the ground that the cheque issued by the first respondent dated 26.4.1995 for Rs.40,000/- towards repayment of hand loan was dishonoured by the bank. By order dated 23.12.1999, the learned Special Judicial Magistrate of First Class (Mobile), Kamareddy, Nizamabad district convicted and sentenced the first respondent to under go simple imprisonment for a period of five months and to pay a fine of Rs.40,000/-. Against the said order, the firs respondent herein preferred an appeal in Criminal Appeal No. 3 of 2000 and the learned III Additional District and Sessions Judge (FTC), Nizamabad by order dated 23.6.2003 confirmed the conviction and sentence passed by the trial Court deleting the fine portion and directing him to pay compensation of Rs.40,000/- to the petitioner within four months. In pursuance of the said orders, the first respondent herein deposited the said amount of Rs.40,000/- before the trial Court and preferred Criminal Revision Case in Crl.R.C. No. 901 of 2003. At that stage the matter between the parties has been compromised and this Court passed orders dated 9.5.2007 in Crl.M.P.No. 980 of 2007 in Crl.R.C.No.901 of 2003, which reads as under; “Learned counsel for the respondent says no objection. Since no specific order has been passed with regard to payment of compensation, it is made clear that the petitioner/complainant is entitled for refund of Rs.40,000/- (forty thousand only ) which was deposited towards compensation. This petition is accordingly ordered.” In pursuance to the above orders, the petitioner herein filed a petition before the trial Court under Rules 230, 232 to 235 of Civil Rules of Practice to issue a cheque for a sum of Rs.40,000/-. The said petition was returned on the ground that that records in Crl.R.C. No. 901 of 2003 from the High Court of A.P. were not received. Questioning the said order, the present criminal petition is filed. Heard the learned counsel for petitioner and learned Public Prosecutor. This Court by order dated 22.4.2009 called for a report from the trial Court as regards receipt of documents in Crl.R.C No. 901 of 2003 which were dispatched by registered parcel No. 5596 dated 4.5.2007. As evident from the record, the report so called for, is not yet received. The matter is pending before this Court from April,2009 onwards and having heard the counsel on either side, this Court is of the view that instead of waiting for tracing of the records, in view of the orders passed by this Court in Crl.R.C.No.901 of 2003 dated 9.5.2007, the trial Court is directed to verify the Fine Receipts Register before it and if any such amount is deposited by the first respondent herein, the learned Special Judicial magistrate of First Class (Mobile), Kamareddy, after getting an affidavit from the petitioner herein/complainant, return the said amount as compensation. With the above direction, the Criminal Petition is disposed of. ______________ RAJA ELANGO,J DATE: 31.12.2010 TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRL.PETITION No. 2623 OF 2009 DATE: 31.12.2010