IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3531 of 2010() ------------------------- C.C.NO.1687/2008 ON THE FILE OF THE JFCM-II, THRISSUR PETITIONER(S): ------------------------- DR.JOJO DAVIS, KANJIRATHINKAL HOUSE, OLARIKKARA, P.O.PULLAZHI, THRISSUR DISTRICT. BY ADV. SRI.SUJESH MENON V.B. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. DENA BANK, THRISSUR BRANCH, P.B.NO.218, TRINITY COMPLEX 1603/3, SAKATHAN THAMPURAM NAGAR, THRISSUR, REPRESENTED BY THE MANAGER, V.RAMANATHAN, S/O.LATE VELAPPAN NAIR, FLAT NO.27/2471/1, CHAKRAVELLIL APPARTMENTS, CHEMBUKKAVU, THRISSUR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3531 of 2010 = = = = = = = = = = = = = = Dated: 19.08.2010 ORDER Petitioner, who was the accused in C.C.No.1687/2008 on the file of the J.F.C.M-II, Thrissur for an offence punishable under Section 138 of the Negotiable Instrument Act, 1881 involving a cheque for Rs.10,65,130.90 was convicted as per judgment dated 29.8.2009 on his pleading guilty. However, instead of passing sentence against him the learned Magistrate released him on admonition under Section 3 of the Probation of Offenders Act, 1958 and directed him to pay a sum of Rs.10,84,237.50 with 11% interest per annum from 29.8.2009, as compensation under Section 5 of the Probation of Offenders Act. It is the direction for compensation which is assailed in this Crl.M.C filed under Section 482 Cr.P.C. 2. Annexure I judgment releasing the petitioner on admonition under Section 3 of the Probation of Offenders Act without passing sentence is illegal in the light of the observations in Paragraph 20 of the decision reported in Crl. M.C. No.3531 of 2010 2 Nalinakshan M.V v. M.Rameshan and others (2009(1) KHC 561). Accordingly, the judgment dated 29.8.2009 passed by the learned Magistrate so far as it has released the petitioner on admonition under Section 3 of the Probation of Offenders Act and the consequential direction for compensation under Section 5 of the Act is set aside and the matter is remitted to the Magistrate for passing sentence against the petitioner according to law. V. RAMKUMAR, JUDGE sj