IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 1777 of 2011() ------------------------------------- CC.272/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, MUVATTUPUZHA .................... PETITIONER(S): ----------------------- K.J. RAJAN, S/O.KUNJU KUNJU, KALLUPARAMBIL HOUSE, KUMARAMANGALAM P.O., THODUPUZHA. BY ADV. SRI.C.S.MANILAL, SRI.S.NIDHEESH. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOHNY JOSEPH, KOTTAM HOUSE, ELANGAVOM KARA, VARAPETTI VILLAGE, KOTHAMANGALAM, ERNAKULAM. R1 BY PUBLIC PROSECUTOR MR.JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1777 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-1: COPY OF THE JUDGMENT IN CRLR.P.3640/2009. ANNEXURE-II: COPY OF THE RECEIPT DATED 15/05/2009. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1777 of 2011 -------------------------------------- Dated this the 15th day of June, 2011. ORDER Petitioner is accused in C.C.No.272 of 2008 of the court of learned Judicial First Class Magistrate-II, Muvattupuzha for offence punishable under Section 138 of the Negotiable Instruments Act. He was convicted and sentenced to imprisonment till rising of court and pay `.51,000/- as compensation. Appeal preferred by the petitioner was dismissed. Petitioner came to this Court in Crl.R.P.No.3640 of 2009. This Court disposed of the revision by order dated 20.11.2009 granting six months' time to the petitioner to pay compensation. Petitioner claims that he has paid the amount to the second respondent on 15.05.2010. Petitioner wants payment made to second respondent to be treated as sufficient compliance with the direction in the order dated 20.11.2009 in Crl.R.P.No.3640 of 2009. I have heard learned Public Prosecutor also. 2. The second respondent is not before me now. If the amount of compensation has already been paid to the second respondent, it is sufficient that the second respondent files a statement in the trial court through his counsel acknowledging receipt of the amount . On such statement being filed, learned Magistrate shall make necessary entries in the relevant registers as directed in paragraph 5 of Beena v. Balakrishnan Nair (2010 (2) KLT 1017). Crl.MC No.1777/2011 2 3. Having regard to the circumstances stated I am inclined to grant time to the petitioner to appear in the trial court and receive sentence of imprisonment till rising of the court. Resultantly this Criminal Miscellaneous Case is disposed of in the following lines: i. Petitioner shall appear before learned Judicial First Class Magistrate-II, Muvattupuzha on 04.07.2011 to receive the sentence. ii. If on that day or before that day the second respondent/complainant files a statement before the learned Magistrate through his counsel acknowledging receipt of compensation as directed by this Court in the order dated 20.11.2009 in Crl.R.P.No.3640 of 2009, learned Magistrate shall make necessary entries in the relevant registers as directed in paragraph 5 of Beena v. Balakrishnan Nair (supra). iii. Warrant of arrest if any issued to the petitioner will stand in abeyance till 04.07.2011. THOMAS P.JOSEPH, Judge. cks