IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.MC.No. 1598 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.583/2011 Dated 03/03/2011 CC.1251/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): ACCUSED: ----------------------------------------- RAMESH KUMAR, S/O.RAMAN NAIR, PANELIL HOUSE, PALISSERI, ANNAMANADA P.O., THRISSUR DISTRICT. BY ADV. SRI.M.R.DHANIL RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------------- 1. KRISHNA PRASAD, S/O.RAMACHANDRAN, KOMATHUKATTIL HOUSE, VADAMA VILLAGE, VADAMA P.O., MALA (VIA), THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1598 of 2011 ==================================== Dated this the 01st day of June, 2011 O R D E R Petitioner was convicted and sentenced by learned Judicial First Class Magistrate, Chalakkudy in C.C. No.1251 of 2005 for offence punishable under Section 138 of the Negotiable Instruments Act. Criminal Appeal filed by petitioner was dismissed. Petitioner filed Crl. R.P. No.583 of 2011 in this Court. This Court modified the sentence as imprisonment till the rising of court and fine of `1,30,000/-. It was directed that petitioner shall appear in the trial court on 03.06.2011 to receive the sentence and pay the fine. Further direction was that out of the fine if realised, `1,25,000/- shall be given to the first respondent/complainant as compensation and the remaining `5,000/- shall be deposited in the State Exchequer as fine. Petitioner says that by an inadvertent mistake he paid compensation to the first respondent directly (within the time granted by this Court) who has filed Annexure-2, affidavit acknowledging receipt of the amount due to him. Learned CRL.M.C. No.1598 of 2011 -: 2 :- counsel submitted that direction may be issued to the learned Magistrate to treat payment made to the first respondent as sufficient compliance with the direction in the order in Crl. R.P. No.583 of 2011. Learned counsel for first respondent confirmed receipt of the amount within the prescribed time. I have heard counsel for petitioner, first respondent and the learned Public Prosecutor. 2. Since sentence involved payment of fine of `1,30,000/-, proper course was to deposit the amount in the trial court and it was for the trial court to disburse portion of the fine amount to the first respondent as compensation. However, if compensation payable to the first respondent has already been paid to him, it is sufficient that sufficient entries are made in that regard in the relevant Registers as directed by this Court in paragraph 5 of the decision in Beena v. Balakrishnan Nair (2010 (2) KLT 1017). But petitioner has to deposit the fine of `5,000/- in the trial court. Petitioner seeks some time to deposit the balance amount of fine in the trial court. Having regard to the circumstances stated I am inclined to allow the request. Resultantly, this Criminal Miscellaneous Case is allowed in CRL.M.C. No.1598 of 2011 -: 3 :- the following lines: (i) Petitioner shall appear in the trial court on 17.06.2011 to receive the sentence of imprisonment till rising of the court. (ii) In case first respondent filed a statement through his counsel in the trial court on 17.06.2011 or any day prior to that date acknowledging receipt of compensation learned Magistrate shall accept the same as sufficient compliance with the direction for deposit of the amount in the order in Crl. R.P. No.583 of 2011 and on such statement being filed learned Magistrate shall make necessary entries in the relevant Registers of that court as directed in paragraph 5 of the decision referred supra. (iii) Petitioner shall deposit the balance amount of `5,000/- in the trial court on the date of his appearance – 17.06.2011 which shall be CRL.M.C. No.1598 of 2011 -: 4 :- treated as fine. (iv) Warrant of arrest if any issued to the petitioner will remain in abeyance until 17.06.2011. THOMAS P. JOSEPH, JUDGE. vsv