IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 1216 of 2010() ------------------------------------- CC.351/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KOTTARAKKARA .................... PETITIONER/ACCUSED: ----------------------------------- MURALEEDHARAN, SHYAMVIHARIL, MATHILICHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK. BY ADV. MR.GEORGE SEBASTIAN RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------- 1. SAJAN, S/O. PUSHPANGADHAN KARTHIKA BHAVANIL, CHIRAVOOR MURI, CHITHARA VILLAGE, KOTTRAKKARA. 2. STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.BIJU KURIAKOSE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1216 OF 2010 =========================== Dated this the 8th day of April,2010 ORDER Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Under Annexure A judgment the sentence was to undergo simple imprisonment for three months and to pay Rs.3 lakhs to the complainant as compensation under section 357 (3) of the Code of Criminal Procedure. By Annexure B judgment the appeal filed by the appellant was dismissed. Petitioner challenged that judgment in Crl.R.P.856/2006. By Annexure C the revision was disposed confirming the conviction and sentence. This petition is filed under section 482 of the Code of Criminal Procedure for a direction to the Magistrate to treat that petitioner has paid the compensation due to the first respondent as provided in the Crl.M.C.1216/2010 2 judgment. 2. First respondent appeared through a counsel and filed an affidavit stating that petitioner has paid the amount ordered in the judgment and he has received the compensation due and therefore he has no further grievance against the petitioner. Petition is disposed directing Judicial First Class Magistrate Court-II, Kottarakkara not to take any steps for execution of the sentence on the payment of compensation as the first respondent complainant has already received the compensation as admitted by his affidavit. If any warrant is issued for realisation of the compensation amount, it shall not be executed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006