IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Crl.MC.No. 4584 of 2010() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.1903/2005 Dated 29/10/2007 .................... PETITIONER(S): ------------------------ RAMANI V.M. , W/O. THE LATE PUSHPANGADAN, VETTUVELIPARAMBIL HOUS,E KOLARKUNNU, MULLAMPARA, MANJERI. BY ADVS. SRI.THOMAS ANTONY, SRI.TITUS MANI. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. P.ABDUL RASHEED, S/O. MOOSA HAJI, PALATHODI HOUSE, CHERANI, P.O.MANJERI - 676 121. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4584 OF 2010 =========================== Dated this the 1st day of December,2010 ORDER Petitioner is the widow of the complainant in C.C.156/2002 on the file of Judicial First Class Magistrate-II (Forest Offences), Manjeri. Second respondent is the accused. Learned Magistrate after trial convicted the second respondent for the offence under section 138 of Negotiable Instruments Act. He challenged the conviction and sentence in Crl.A.440/2003 before Sessions Court, Manjeri. On the dismissal of the appeal, he filed Crl.R.P.1903/2005. By Annexure I order dated 29.10.2007, revision was disposed confirming the conviction but modifying the sentence to a fine of Rs.45,000/- and in default simple imprisonment for three months directing that the fine on realisation shall be paid to the Crl.M.C.4584/2010 2 widow and the minor son of the de facto complainant, who were impleaded on his death as respondents 3 an 4 in the criminal revision. They were permitted to withdraw Rs.20,000/- which was deposited by the second respondent before the Magistrate as directed by this court. Contending that Magistrate has not taken steps to execute the sentence and Annexure II petition filed for releasing the amount of Rs.20,000/- in court deposit, as directed by Annexure I judgment, was not accepted by the court below, petition is filed under section 482 of Code of Criminal Procedure to direct the Magistrate to execute the sentence and also to receive Annexure II petition and to release the amount to the petitioner. 2. In view of the submission that in spite of the disposal of the revision on 29.10.2007, Magistrate has not taken steps to execute the sentence, a report was called for. The report submitted by Judicial First Class Magistrate-II (Forest Offences), Manjeri is to the effect that Crl.M.C.4584/2010 3 the disposal of the revision was not known to the learned Magistrate and consequently he is under the impression that revision is pending. 3. Learned counsel appearing for the petitioner pointed out that in Annexure II petition filed by the petitioner to release Rs.20,000/- deposited by the second respondent, petitioner has specifically stated that the revision filed by the second respondent was disposed on 29.10.2007 confirming the conviction and in such circumstances, learned Magistrate was not justified in not receiving Annexure II petition. 4. As seen from Annexure II petition, the said petition was returned for the reason that the order in revision is necessary and to produce it. Evidently petitioner did not produce the order before the learned Magistrate. Petition is disposed directing Judicial First Class Magistrate-II, Manjeri (Forest Offence) to execute the sentence in C.C.156/2002 as modified by this court in Crl.R.P.1903/2005. Learned Crl.M.C.4584/2010 4 Magistrate is also directed to receive Annexure II application or a separate application for releasing the amount deposited by the second respondent in C.C.156/2002 as directed in Annexure I Order (Crl.R.P.1903/2005). Registrar (Judicial) is directed to send copy of the order in Crl.R.P.1903/2005 to the Magistrate forthwith. The Registrar shall also enquire why copy of the order was not sent to the Magistrate after the disposal of the revision on 29.10.2007 and take appropriate steps to avoid such omissions. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006