IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 CRL.MC.NO. 1983 OF 2011() ------------------------------------ ST.2270/2007 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER(S): ACCUSED --------------------------------------- HAMZA, AGED 56 YEARS, S/O.KHADIR, KAZHUNKIL HOUSE, THALI.P.O., VARAVOOR VIA, THRISSUR DISTRICT. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. SETHUMADHAVAN, S/O.DEVAKI AMMA, KUNNAMKUMARATH HOUSE, KUMBALANGAD DESOM, WADAKKANCHERRY VILLAGE, WADAKKANCHERRY.P.O., PIN-680 582. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY GOVERNMENT PLEADER SHRI JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ANNEXURE-A1 TRUE COPY OF ORDER DATED 13.05.2011 IN CRL. R.P. NO.1307 OF 2011 ANNEXURE-A2 TRUE COPY OF THE STATEMENT DATED 25.06.2011 GIVEN BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1983 of 2011 ==================================== Dated this the 30th day of June, 2011 O R D E R Petitioner, accused in S.T. No.2270 of 2007 of the court of learned Judicial First Class Magistrate, Wadakkancherry, was convicted and sentenced for offence under Section 138 of the Negotiable Instruments Act to undergo imprisonment for one month and payment of fine of `40,000/-. His appeal ended in a dismissal. He filed Crl. R.P. No.1307 of 2011 in this Court. This Court by order dated May 13, 2011 modified the substantive sentence as imprisonment till the rising of court and the fine was converted as compensation of `40,000/- to be deposited within one month from the date of order. Petitioner says that by an inadvertent mistake he paid the compensation to the first respondent directly who has filed Annexure-A2, statement acknowledging receipt of the amount. Learned counsel submitted that a direction may be issued to the learned Magistrate to treat payment made to the first respondent as sufficient compliance with the direction in the order in Crl. R.P. No.1307 of 2011. Learned counsel for first respondent confirmed CRL.M.C. No.1983 of 2011 -: 2 :- receipt of the amount. I have heard counsel for petitioner, first respondent and the learned Public Prosecutor. 2. If the amount of compensation has already been paid to the first respondent (notwithstanding the direction for deposit of the amount in the trial court) and first respondent acknowledges receipt of that amount learned Magistrate could take note of that payment and treat it as sufficient compliance with the direction in the order dated 13.05.2011 and make necessary entries in that regard in the relevant Registers as directed by this Court in paragraph 5 of the decision in Beena v. Balakrishnan Nair (2010 (2) KLT 1017). Resultantly, this Criminal Miscellaneous Case is allowed in the following lines: (i) Petitioner shall appear in the trial court on 08.07.2011 to receive the sentence of imprisonment till rising of the court. (ii) In case first respondent files a statement through his counsel in the trial court on CRL.M.C. No.1983 of 2011 -: 3 :- or before 08.07.2011 (if it is not already filed) acknowledging receipt of compensation, learned Magistrate shall accept the same as sufficient compliance with the direction for deposit of the amount in the order in Crl. R.P. No.1307 of 2011 and learned Magistrate shall make necessary entries in the relevant Registers of that court as directed in paragraph 5 of the decision referred supra. (iii) Warrant of arrest if any issued to the petitioner will remain in abeyance until 08.07.2011. THOMAS P. JOSEPH, JUDGE. vsv