IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Crl.MC.No. 3345 of 2011() ------------------------- ST.1417/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S)/ACCUSED :- ---------------------------------------- N. MOHANAN, S/O.KOCHU NARAYANAN, SARADA MANDIRAM, MARKET ROAD, MAMATHA NAGAR, KAZHAKKOOTTAM. BY ADV. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENT(S) :- -------------------------- 1. C. BHAVANA CHANDRAN NAIR, D/O. CHELLAPPAN PILLAI, SAJI BHAVAN, VETTOROAD, KANIYAPURAM, THIRUVANANTHAPURAM – 695 301. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No. 3345 of 2011 APPENDIX Petitioner's Exhibits :- Annexure-A1 :- Copy of the judgment passed by the Judicial First Class Magistrate Court, Attingal in S.T.No.1417/2004 dated 20.12.2005. Annexure-A2 :- Copy of the judgment in Crl.Appeal No.44/06 dated 8.4.2010 of the Additional Sessions Judge, Fast Track-III, Thiruvananthapuram. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3345 of 2011 ----------------------------------- Dated this the 30th day of September 2011 O R D E R Petitioner is the accused who was convicted by J.F.C.M.-II, Attingal for the offence punishable under Sec.138 of N.I.Act. The appellate court modified the sentence, directing the petitioner to undergo imprisonment till the rising of the court and to pay Rs.24,000/- as compensation. The learned counsel for the petitioner submits that the amount of compensation was directly paid by the petitioner to the complainant. But the petitioner failed to appear before the court to undergo imprisonment till the rising of the court and so warrant has been issued against the petitioner. But it appears that the payment of compensation stated to have been made to the complainant was not certified; in the sense that the complainant did not file any affidavit nor did he appear before the learned Magistrate stating that he had received the amount. Therefore, it appears, there is nothing on record to show the payment of compensation to the complainant as ordered by the court. Crl.M.C. No.3345 of 2011 -: 2 :- In these circumstances, it is directed that the petitioner will surrender before J.F.C.M.-II, Attingal within two weeks from today. If the complainant is also present on that day and if he files affidavit (and the counsel testifies the identity of the complainant) stating that he has already received the compensation then that fact can be recorded. The petitioner will undergo imprisonment till the rising of the court on the same day. The execution of the sentence can be then recorded as satisfied/carried out. The learned counsel submits that the petitioner will see that the complainant is taken to the court to see that the matter is disposed of in the line as stated above. The execution of the NBW shall be kept in abeyance for two weeks from today as stated above. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, J UDGE. Jvt