IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Crl.Rev.Pet.No. 1973 of 2008() ------------------------------ CC.43/2002 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... REVN. PETITIONER/Complainant: ------------------------------------- P.RAMASWAMY, S/O PONNAYYA CHETTIYAR, MANAGING PARTNER, R.P.C.PAPER MILLS, THOLICODE, PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENTS: ------------- 1. THE PROPRIETOR, M/S PAPER PACK INDUSTRIES, VAYALA, KOTTAYAM, REP.BY SIBI JOHN. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZER SRI.AYPE JOSEPH FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================================== CRL.R.P. NO.1973 OF 2008 ====================================== Dated this the 17th day of June 2008 ORDER The revision petitioner, who is the complainant in C.C.43/2002 before the JFCM III, Punalur challenges the conviction entered and the sentence passed by the said court as per judgment dated 30.12.2005. The total amount covered by the three cheques, Exts.P2 to P4, is Rs.75,000/-. The learned Magistrate imposed the said amount as fine with a default sentence but without a direction to the accused that the cheque amount shall be paid as compensation under Section 357(1) Cr.P.C. The revision petitioner is aggrieved by the failure on the part of the Magistrate to issue such a direction. 2. The court below ought to have exercised the power under Section 357(1) Cr.P.C. to do justice to the person who has suffered legal injury at the hands of the accused. Accordingly, the fine amount of Rs.75,000/- already deposited before the trial court shall be paid to the complainant as compensation under Section 357(1) Cr.P.C. V.RAMKUMAR, JUDGE css/