IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Crl.MC.No. 4914 of 2010() ------------------------------------ AGAINST THE JUDGEMENT/ORDER IN CRRP.2624/2009 DATED 12/07/2010 ST.217/2005 OF JUDICIAL 1ST CLASS MAGISTRATE COURT-VIII THIRUVANANTHAPURAM .................... PETITIONER(S): ACCUSED -------------------------------------- R.BABY KAMALAM, KAMALA NIVAS, TC 36/523, PERUMTHANNI, VALLAKKADAVU P.O. THIRUVANANTHAPURAM. 08 BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): ------------------------- 1. P.J.LEENUS, S/O.P.K.JOSEPH, 'BONINO', KOTTAPPURAM, PARAVOOR P.O., KOLLAM - 691 001. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4914 OF 2010 --------------------------------------------- Dated 17th December, 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. By Annexure-A order dated 12/7/2010, conviction was confirmed, but sentence was modified to fine of Rs.4,30,000/- to be paid within three months and in default simple imprisonment for six months providing that on realisation of fine, Rs.4,25,000/- is to be paid to the complainant, as compensation under Section 357(1) of Code of Criminal Procedure. The complainant filed a petition before Judicial First Class Magistrate-VIII, Thiruvananthapuram stating that he has Crmc 4914/10 2 received the compensation as directed by this Court and therefore, case is to be removed from the file. By Annexure-D order, learned Magistrate posted the case to 31/12/2010 directing to get a direction from this Court ratifying his action, as Annexure-A order does not provide for payment of compensation directly to the complainant. 2. Learned counsel appearing for the petitioner was heard. 3. When the complaint ended in conviction and it was finally disposed by this Court under Annexure-A order, complainant cannot file a petition to remove the case from the file. Annexure-A order directs the petitioner to pay a fine of Rs.4,30,000/- providing that out of the fine amount so realised, Rs.4,25,000/- is to be paid to the Crmc 4914/10 3 complainant as compensation. That sentence is to be executed by the Magistrate. If the fine is deposited or realised, out of the fine, Rs.4,25,000/- is to be paid to the complainant as compensation. Even though there is no direction by this Court to the petitioner to pay compensation directly to the complainant, if the Magistrate is satisfied that Rs.4,25,000/- which on realisation is to be paid to the complainant was paid to him, learned Magistrate shall not direct petitioner to undergo the default sentence. In such circumstances, no further direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.