IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 Crl.MC.No. 1711 of 2008() ------------------------- CRA.253/2003 of ADDL.SESSIONS COURT, NORTH PARAVUR CC.432/2000 of JUDL.MAGISTRATE OF FIRST CLASS, NORTH PARAVUR .................... PETITIONER: ------------ C.G.SANTHOSH, S/O.GOPALAN, CHEERAMKUNNATHU HOUSE, NEERIKODE, ALANGADU VILLAGE. BY ADV. SRI.P.K.SAJEEV RESPONDENTS: ------------- 1. K.V.JOY, KOYIKKARA HOUSE, NEERIKKODE, ALANGADU VILLAGE. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ Crl.M.C.No.1711 of 2008 ------------------------------------- Dated this the 22nd day of April, 2008 ORDER The above Crl.M.C is filed with a prayer to permit the petitioner to appear before the court below so as to receive the sentence imposed by this Court in Crl.R.P.No.3129 of 2004 and further direct the Magistrate not to insist the petitioner for depositing the compensation amount in the court. The petitioner herein who is the accused in C.C.No.432 of 2000 on the file of the Judicial Magistrate of the First Class, North Paravur, approached this Court in an earlier occasion by filing Crl.R.P.3129 of 2004 challenging his conviction in sentence passed by the trial court and the lower appellate court judgment by which the trial court conviction sentence was confirmed. By order dated 3.2.05, this Court disposed of the above Crl.R.P maintaining the conviction under Section 138 of the Negotiable Instruments Act.. But modification was made with respect to the sentence. Accordingly while allowing the revision partly and in maintaining the conviction under Section 138 of the Negotiable Instruments Act in modification of the earlier sentence passed by the court below, Crl.M.C.No.1711 of 2008 2 this Court has sentenced him for imprisonment till rising of court and also directed to pay compensation to the tune of Rs.52,000/- which is to be paid within two months from the date of the judgment and in case of default, the imprisonment will be for one month and the learned Magistrate is directed to execute the sentence. Now the case of the petitioner is that he could not appear before the court below in time. As per the order, he ought to have appear before the court below on 3.4.05 to receive the sentence and also to effect the payment. But according to the petitioner, since he was employed in Bangalore he could not appear before the court below. Along with Crl.M.C he has produced Annexure-B receipt, from which it is clear that he had paid the entire amount to the complainant and to that effect the complainant Mr.K.V.Joy had issued a receipt dt.18.03.05. Thus according to the petitioner, he had already paid the amount to the complainant on 18.03.05, but he could not appear before the court to receive the one day's sentence. 2. The petitioner apprehends that in case he appears before the court below, there will be every chance for insisting him to make the deposit of amount before the court below unless a direction is issued otherwise. Crl.M.C.No.1711 of 2008 3 3. Having regard to the facts and circumstances involved in the case, I am of the opinion that the date fixed by this Court in the order dated 03.02.05 in Crl.R.P.No.3129 of 2004 can be extended and 10 days' time can be granted to him for appearing before the court below. The respondent/complainant is not in this Court and regarding the genuineness of Annexure-B receipt etc. there is no other materials. Therefore it is only proper to direct the petitioner to give in advance a copy of the petition either to the counsel for the respondent/complainant or to the complainant directly showing his proposed date of appearance before the court below. If the Magistrate is satisfied with Annexure-B receipt regarding the payment of the compensation amount, the court need not insist the petitioner to deposit the compensation amount fixed by this Court as per the order passed in the Crl.R.P. 4. In the result, this Crl.M.C is disposed of directing the petitioner to appear before the court below on 30.04.08 with prior intimation to the counsel for the complainant or to the complainant himself and on his appearance the court shall pass orders in accordance with the direction contained in the judgment of this Court in the above Crl.R.P and if the court is satisfied that the amount fixed by this Court as compensation is paid by the Crl.M.C.No.1711 of 2008 4 petitioner to the complainant, the court need not insist the petitioner to deposit the compensation amount. This Crl.M.C is disposed of accordingly. (V.K.MOHANAN, JUDGE) rtr/-