IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Crl.MC.No. 711 of 2011() ------------------------ CC.464/2002 of JUDL.MAGISTRATE OF FIRST CLASS, AMABALAPUZHA .................... PETITIONER(S): ACCUSED: ----------------------------------------- MATHEW VARGHESE, PUTHENPARAMBIL, PANDAKARI P.O., EDATHUA, KUTTANAD, ALAPPUZHA. BY ADVS. SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN. RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. N.C.PHILIP, NAIPOLLYCHIRAYIL VEEDU, ANAPRAMBIL P.O., THALAVADY, KUTTANAD, ALAPPUZHA-689 577. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.711 of 2011 ==================================== Dated this the 08th day of March, 2011 O R D E R Notice to the first respondent is dispensed with in view of the order I propose to pass. 2. Petitioner is accused in C.C.No.464 of 2002 of the court of leaned Judicial First Class Magistrate, Alappuzha for offence punishable under Section 138 of the Negotiable Instruments Act. He was convicted and sentenced to undergo simple imprisonment and payment of compensation. Appeal preferred by him was dismissed. In Crl. R.P. No.629 of 2006 this Court while confirming conviction modified the substantive sentence as simple imprisonment till rising of the court. It was directed that petitioner shall pay Rs.1,20,000/- as compensation within three months from the date of order (06.07.2006) and in default of payment to undergo simple imprisonment for three months. It was also directed that the amount if realised shall be paid to the first respondent as compensation. Learned counsel states that on account of financial difficulties he was not able to deposit that amount within the time prescribed by this Court. But now the CRL.M.C. No.711 of 2011 -: 2 :- amount is paid to respondent No.1. Petitioner wants to appear before the learned Magistrate but is apprehensive of the default sentence which learned Magistrate may impose since petitioner could not deposit the amount on time. 3. If compensation ordered by this Court in Crl. R.P. No.629 of 2006 has already been paid to the first respondent it is sufficient that first respondent files a statement in the trial court through his counsel acknowledging receipt of the amount. If any such statement is filed learned Magistrate, notwithstanding the time prescribed by this Court shall accept it as sufficient compliance of the direction contained in the order passed by this Court and make necessary entries in the relevant Registers of that court as directed in paragraph 5 of the decision in Beena v. Balakrishnan Nair (2010 [2] KLT 1017). Resultantly this Criminal Miscellaneous Case is allowed in the following lines: (i) Petitioner is directed to appear in the court of learned Judicial First Class Magistrate, Alappuzha 07.04.2011 to receive the sentence of imprisonment till rising of the court, CRL.M.C. No.711 of 2011 -: 3 :- (ii) If on that day or before that, the first respondent files a statement through his counsel acknowledging receipt of compensation leaned Magistrate shall accept it as sufficient compliance with the order passed by this Court in Crl. R.P. No.629 of 2006 and make necessary entries in the relevant Registers as directed in the decision referred supra. (iii) Warrant of arrest if any issued to the petitioner will stand in abeyance till 07.04.2011. THOMAS P. JOSEPH, JUDGE. vsv