IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1472 of 2011() ------------------- CC.246/1999 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, RAMANKARI .................. PETITIONER / ACCUSED : -------------------------------------- MATHEW CHACKO, PALLICHIRA, KAINAKARY P.O., ALAPPUZHA. BY ADVS. SRI. S. SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENTS / COMPLAINANT AND STATE : ------------------------------------------------------------------- 1. K.P.SUDHAKARAN, KOLUTHADAI VEEDU, CHENNAMKARY P.O., KAINAKARI, ALAPPUZHA-688 501. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALM. R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1472 of 2011 --------------------------------------- Dated this 24th day of May, 2011 ORDER Petitioner faced trial in C.C.No.246 of 1999 of the Court of learned Judicial First Class Magistrate, Ramankari for offence punishable under Sec.138 of the Negotiable Instruments Act and was convicted and sentenced to undergo imprisonment and payment of deposit. He preferred Crl.Appeal.No.196 of 2001 before learned Additional Sessions Judge (Adhoc-II), Alappuzha. Judgment of the appellate court was challenged in this Court by Crl.R.P.No.51 of 2004. This Court disposed of the revision as per order dated 02.08.2010. The substantive sentence was modified as simple imprisonment till rising of the Court. Petitioner was directed to pay `.50,000/- as compensation to the first respondent and produce receipt in the trial court on or before 11.08.2010. Petitioner states that he was abroad but has paid compensation to the first respondent. Petitioner seeks time to appear before the learned Magistrate to receive the sentence. I have heard learned Public Prosecutor also. 2. Having regard to the circumstances stated, I am inclined to grant time. So far as payment (allegedly) made to the Crl.M.C.No.1472 of 2011 -: 2 :- first respondent is concerned, it is sufficient that first respondent files a statement in the trial court through his counsel acknowledging receipt of compensation. In case such statement is filed, learned Magistrate shall make necessary entries in the relevant register as directed in paragraph 5 of the decision in Beena Vs. Balakrishnan Nair (2010(2) KLT 1017). Resultantly this criminal miscellaneous case is disposed of in the following lines: (i) Petitioner is directed to appear before the learned Magistrate on 08.06.2011 to receive the sentence. (ii) In case first respondent filed statement through counsel before the learned Magistrate on the said day or any day prior to that acknowledging receipt of compensation, learned Magistrate shall make necessary entries in the relevant register as directed in the decision referred supra. (iii) Coercive steps initiated against petitioner will stand in abeyance till 08.06.2011. (THOMAS P JOSEPH, JUDGE) Sbna/-