IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Crl.MC.No. 3877 of 2011() ------------------------- CRA.256/2005 of CC.312/1994 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): --------------- M.K.UMMER HAJI, S/O.MUHAMMAD, KIZHAKKEYIL HOUSE, KOTTUMALA, MATTATHUR POST, MALAPPURAM DISTRICT. BY ADV. SRI.DEVAPRASANTH.P.J. RESPONDENT(S): --------------- 1. KUNDUPUZHAKKAL MUHAMMAD SABAH, S/O.KUNDUPUZHAKKAL ABDULLAKUTTY, OORAKAM KEEZHUMURI P.O., MALAPPURAM DISTRICT,PIN-676505. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3877 of 2011 APPENDIX PETITIONER(S) ANNEXURES: ANNEXURE I: COPY OF THE JUDGMENT OF IN CC 312/94 DATED 28-5-2005 OF JFCM MALAPPURAM. ANNEXURE II: COPY OF THE JUDGMENT IN CRA 256/05 DATED 24-11-2007 OF COURT OF SESSIONS, MANJERI DIVISION (ADHOC-II). RESPONDENTS' ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE smvd N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. 3877 of 2011 ------------------------------------------ Dated this the 4th day of November, 2011 O R D E R Petitoner was convicted by JFCM – Malappuram for the offence punishable under Section 138 of the Negotiable Instruments Act. As per the judgment of the appellate court, he was sentenced to imprisonement till the rising of the court and to pay Rs.83,551/- as compensation. The judgment was pronounced by the appellate court on 24/11/2007. The learned counsel for the petitioner submits that due to financial difficulties, he could not raise money earlier. Subsequently he paid the amount directly to the complainant. 2. The accused did not appear before the learned Magistrate to undergo imprisonment till the rising of the court. It is submitted that since the factum of payment of compensation was not entered in the register concerned, a warrant has been issued against the petitioner. If the amount has been paid it must be properly certified and necessary entries have to be made in the concerned Crl.M.C. 3877 of 2011 2 register. That was not done. The Petitioner agreed that he would surrender before JFCM, Malappuram within 2 weeks from today. On that date the petitioner will undergo imprisonment till the rising of the court. He will also take the complainant along with him. An affidavit and also the receipt of the complainant shall be filed before the learned Magistrate stating that he had already received the amount as directed by the court. The counsel appearing for the complainant should testify the identity of the complainant, whereupon the learned Magistrate can make necessary entires in the register and record. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE smvd