IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Crl.MC.No. 1396 of 2011() ------------------------- CC.392/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI .................... PETITIONER(S): ACCUSED ---------------------- UNNIKRISHNAN, GEETHA BHAVAN, VAYYATTUPUZHA.P.O., CHITTAR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. KATTUPURAYIDAM BANKERS, PAZHAVANGADI, RANNY. REPRESENTED BY ITS MANAGING PARTNER, R.CHANDRACHOODAN NAIR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.SAIJO HASSAN SRI.PRATHAP PILLAI FOR R1 SRI.BENOJ C AUGUSTIN FOR R1 SRI.SEBIN THOMAS FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J ........................................... CRL.M.C. No. 1396 of 2011 ............................................ DATED THIS THE 17th DAY OF AUGUST, 2011 ORDER Petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to receive the fine imposed by this Court in Crl.R.P.4060 of 2008. Learned counsel appearing for the petitioner was heard. As per order dated 15.12.2008, the revision was allowed in part, modifying the sentence of imprisonment till rising of court and a fine of Rs.93,000/- to be paid within two months and in default, simple imprisonment for two months. There was a further direction to pay the fine amount on realisation to the first respondent/complainant. Petitioner admittedly did not appear within two months or pay the fine within two months as directed by this court. I do not find any necessity to issue a direction as sought for. When the sentence was modified by this court, the Magistrate can only enforce the modified sentence. Whether the petitioner of his own appears or is arrested and brought before the Magistrate, he can only be directed to undergo the modified CRMC 1396/2011 2 sentence in Crl.R.P.4060 of 2008. If the petitioner on his appearance or production on arrest tenders the fine amount, Magistrate cannot refuse to receive the same on the ground that the amount was not paid within two months and direct him to undergo the defaulted sentence. In such circumstances, the petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE lgk