IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4619 of 2008() ------------------------- CC.182/1998 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA, KOLLAM DISTRICT. .................... PETITIONER(S): ACCUSED: ----------------------------------------- R.BABU, S/O.RAGHAVAN, NO.68C, RAILWAY QUARTERS, NEAR SMP THEATRE, KOLLAM. BY ADV. SRI.S.A.RAZZAK RESPONDENT(S): COMPLAINANT & STATE: ---------------------------------------------------------------- 1. K.RAJU, PULLUMKOTTIL, IYTHOTTUVA SOUTH MURI, WEST KALLADA VILLAGE, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR - R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4619 of 2008 ------------------------------------- Dated this the 28th day of November, 2008 ORDER Petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. The verdict of guilty, conviction and sentence have become final with the modification made by this Court as per order dated 16.11.2007 in Crl.R.P.No.4101 of 2007. The petitioner now is obliged to undergo imprisonment till rising of court and to pay a fine of Rs.1 lakh. The petitioner was directed to deposit that fine amount within a period of 5 months from 16.11.07. The petitioner has not deposited the amount so far. He faces the prospect of being sent to prison for default in payment of fine. He has, at this juncture, come to this Court for issue of directions under Section 482 Cr.P.C. 2. What is the direction to be issued ? According to the petitioner, he has already deposited Rs.37,000/- before the civil court in execution of a decree for the very same amount due under the cheque which was claimed in the civil suit. In response to a specific query by this Court, it is conceded that Crl.M.C. No.4619 of 2008 2 more than Rs.1 lakh still remains to be paid to discharge the decree in the civil suit. I feel that it will only be proper for the petitioner to deposit the amount of Rs.1 lakh before the criminal court and request the civil court to give credit for such amount which will be released to the complainant/decree holder through the criminal court. In as much as an amount exceeding Rs.1 lakh is already due and in as much as no amount has been deposited before the criminal court, I find no need to issue any directions under Section 482 Cr.P.C. 3. This Crl.M.C is accordingly dismissed, but with the above observations. (R.BASANT, JUDGE) rtr/-