IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 Crl.MC.No. 524 of 2011 -------------------------------- [CRL.A.NO.18/2007 OF ADDITIONAL SESSIONS (ADHOC-II) COURT, THODUPUZHA, CC.NO.54/2003 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA] .................... PETITIONER/ACCUSED: ---------------------------------- P.C.JAYACHANDRAN,S/O.CHERIAN, AGED 60 YEARS, PANAVELIKUZHIYIL VEEDU,KOMBAYAR ROAD, THANNIMUDE KARA, NEDUMKANDOM, IDUKKI DISTRICT, (RETD. JUNIOR SUPERINTENDENT,B.R.C, D.P.E.P, NEDUMKANDOM). BY ADV. SRI.DILEEP.S .KALLAR. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. V.A.VENU PILLAI,S/O.KUTTAPPAN PILLAI, BLOCK NO.661,BALAGRAM, KALLAR PATTOM COLONY, IDUKKI DISTRICT, PIN- 685 552. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.524 of 2011 --------------------------------------- Dated this 22nd day of February, 2011 ORDER Petitioner is accused in C.C.No.54 of 2003 of the court of learned Judicial First Class Magistrate, Kattappana, appellant in Crl.Appeal.No.18 of 2007 of the Additional Sessions Court (Adhoc- II), Thodupuzha and petitioner in Crl..R.P.No.2212 of 2007 of this Court. Against him there is a confirmed finding of commission of offence punishable under Sec.138 of the Negotiable Instruments Act. The trial court while sentencing him to undergo imprisonment directed him to pay compensation of `.85,000/- and in default to undergo imprisonment for one month. This Court while disposing of the revision on 06.06.2007 modified the substantive sentence as imprisonment till rising of the Court while retaining direction for payment of compensation and in default sentence but granted six months time to pay compensation. Petitioner was directed to appear in the trial court on 05.12.2007 to receive the sentence of imprisonment till rising of the Court. Petitioner states that he is a heart patient since the last four years and his wife is a cancer patient since 2002, both undergoing treatment. Annexures-2 and 3 are produced to prove the same. Petitioner is living upon the Crl.M.C.No.524 of 2011 -: 2 :- meager pension he is getting. However, though not within the time directed by this Court it is claimed that petitioner paid the amount of compensation to the second respondent on 08.05.2010 who has issued Annexure-5, receipt. Petitioner is ready to appear before the trial court and receive the sentence. Petitioner seeks to condone the delay in payment of the amount. Having heard counsel for petitioner and considering the circumstances stated, I am inclined to grant the relief. Resultantly this petition is disposed of in the following lines: (i) Petitioner is directed to appear in the trial court on 04.03.2011 to receive the sentence. (ii) If the second respondent files statement in the trial court through his counsel acknowledging receipt of compensation, learned Magistrate shall accept it as sufficient compliance with the order of this Court directing payment of compensation to the second respondent and make necessary entries in the relevant register as directed in paragraph 5 of the decision in Beena Vs. Balakrishnan Nair (2010(2) KLT 1017). (THOMAS P JOSEPH, JUDGE) Sbna/-