IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 647 of 2011() ----------------------------- CC.240/2003 of JUDICIAL MAGISTRATE OF FIRST CLASS, AMABALAPUZHA .................... PETITIONER(S): ACCUSED ------------------------------- MATHEW VARGHESE, PUTHENPARAMBIL, PANDAKARI P.O., EDATHUA, ALAPPUZHA. BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------- 1. BIJU JOSEPH, PATTATHANATHU HOUSE, EDATHUA, ALAPPUZHA - 688 523. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.K.J.MUHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, ALONG WITH CRMC. NO.648/2011 CRMC.NO.660/2011 THE COURT ON SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.647, 648 & 660 of 2011 -------------------------------------- Dated this the 4th day of March, 2011. ORDER Notice to respondent No.1 is dispensed with in view of the order I propose to pass in these petitions. 2. Petitioner, common in all these cases was convicted for offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.240 of 2003, 552 of 2002 and S.T.No.1374 of 2004 of the court of learned Judicial First Class Magistrate, Ambalappuzha and was sentenced to undergo imprisonment and payment of compensation to respondent No.1/complainant. Though petitioner preferred appeals, it did not succeed. Petitioner thereon filed Crl.R.P.Nos.1020 of 2007, 1019 of 2007 and 1031 of 2007, respectively in this Court. This Court modified the sentence as imprisonment till rising of the court while directing payment of compensation to respondent No.1 and in default of payment to undergo imprisonment for three months each. In C.C.Nos.240 of 2003 and 552 of 2002 petitioner was directed to appear in the trial court on 15.06.2007 while in S.T.No.1374 of 2004 the date fixed for his appearance in the trial court was 10.09.2007. Petitioner states that he has paid the compensation to respondent No.1 in these petitions and seeks some time to appear in court to receive sentence of imprisonment till rising of the court. Crl.MC Nos.647, 648 & 660/2011 2 3. In case compensation ordered to be paid has already been paid to respondent No.1 in these petitions, it is sufficient that respondent No.1 in these petitions filed a statement through his counsel in the trial court acknowledging receipt of compensation. In case such a statement is filed learned Magistrate shall treat it as sufficient compliance with the order for payment of compensation and make necessary entries in the register of the trial court as held in paragraph 5 of Beena v. Balakrishnan Nair (2010 (2) KLT 1017). 4. Having regard to the circumstances stated I am inclined to grant time to the petitioner to appear in the trial court and receive sentence of imprisonment till rising of the court. Resultantly these petitions are disposed of in the following lines: i. In case petitioner has paid compensation payable to respondent No.1 in these petitions and respondent No.1 files statement in the trial court through his counsel acknowledging receipt of compensation, that shall be treated as sufficient compliance with the direction for payment of compensation in the light of the decision referred to supra. Crl.MC Nos.647, 648 & 660/2011 3 ii. Petitioner shall appear in the trial court on 04.04.2011 to receive the sentence of imprisonment till rising of the court which shall run concurrently. iii. Until 04.04.2011 warrant of arrest if any issued to the petitioner will stand in abeyance. THOMAS P.JOSEPH, Judge. cks