IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Crl.MC.No. 3393 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.3145/2010 Dated 28/10/2010 .................... PETITIONER(S): ACCUSED ---------------------- I.J.KURUVILA, S/O JOHN, ILLIPPARAMBIL HOUSE, RAYAMANGALAM.P.O., KURUPPAMPADY, PERUMBAVOOR. BY ADV. SRI. M.SHAJU PURUSHOTHAMAN RESPONDENT(S): COMPLAINANT -------------------------- 1. K.V.BENNY, S/O VARGHESE, KARIPRA HOUSE, KURUPPAMPADY, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 542 2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R2 BY PUBLIC PROSECUTOR SRI. B. VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA Crl.MC.No. 3393 of 2011() APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A: TRUE COPY OF THE ORDER IN CRL.R.P.3145 OF 2010 DATED 28.10.2010. ANNEXURE B: TRUE COPY OF THE ORDER IN CRL.M.A.844 OF 2011 DATED 13.07.2011. ANNEXURE C: TRUE COPY OF THE MEDICAL CERTIFICATE DATED 05.05.2011. ANNEXURE D: TRUE COPY OF THE RECEIPT DATED 23.08.2011. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// PA TO JUDGE BKA N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3393 of 2011 ----------------------------------- Dated this the 4th day of October 2011 O R D E R The petitioner was convicted by the learned Magistrate for offence under Sec.138 of N.I.Act. As per the order passed by this Court in Crl.R.P.No.3145/2010, the petitioner was directed to appear before the learned Magistrate on 28.1.2011 to receive the sentence of imprisonment and to pay the fine amount of Rs.62,500/-. Admittedly the accused did not appear before the learned Magistrate on 28.1.2011 to receive the sentence of imprisonment nor did he pay the fine amount of Rs.62,500/-. Now the petitioner says that he had paid the amount due to the complainant. A copy of the receipt has also been produced. Since the amount was payable as fine, out of which Rs.60,000/- was to be paid to the complainant as compensation and the balance amount has to go the State, there was no justification for the Crl.M.C. No.3393 of 2011 -: 2 :- accused to pay the amount directly to the complainant. The entries with regard to the same have to be made in the fine register and also in the record of the court if the accused takes the complainant to the court and the complainant files an affidavit and the counsel appearing for the complainant certifies that fact, the amount of compensation if any paid to the complainant can be recorded. But the fine amount which must go to the State (Rs.2,500/-) should be paid on the same day. The petitioner is directed to appear before the learned Magistrate on 25.10.2011 to receive the sentence. This Crl.M.C. is disposed of as stated above. N.K.BALAKRISHNAN, JUDGE. Jvt