IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Crl.MC.No. 3109 of 2008() ------------------------- CC.49/2005 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... PETITIONER: ACCUSED: -------------------- VIDYADHARAN, KADAPPALAYYATH THEKKATHIL VEEDU, PALLISSERIKKAL MURI, SASTHAMCOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAM. BY ADV. SRI.P.V.DILEEP RESPONDENTS: STATE AND COMPLAINANT: ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAIFUDDEEN KUTTY, KATTILPARAMBIL VEEDU, VENGA MURI, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK KOLLAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3109 of 2008 ------------------------------------- Dated this the 14th day of August, 2008 O R D E R Petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Cheque is for an amount of Rs.25,000/-. Parties were referred to the Adalat and the dispute, it is submitted, was settled at the Adalat. On 16.04.08 it was agreed that if an amount of Rs.10,000/- is paid within a period of 2 months, the matter shall be settled. It was also stipulated that if the payment is not made within the said period of time, the complainant shall be entitled to continue with the prosecution. 2. The petitioner did not pay the amount by the stipulated date, ie. 16.06.08. The case now stands posted for trial to this date. 3. According to the petitioner he is willing to make the payment now, but the complainant is not willing to accept the same and settle the disputes. It is prayed that appropriate directions may be issued under Section 482 Cr.P.C. Crl.M.C. No.3109 of 2008 2 4. I am of opinion that no direction can be issued under Section 482 Cr.P.C to compel the complainant to settle the dispute or withdraw the case. That is the discretion of the complainant. The petitioner can show his bona fides by depositing the agreed amount and by depositing additional amounts to make amends for the delay in payment. If the complainant is unwilling to accept the same, the petitioner can urge the same as one of the circumstances in his favour, at least while considering the question of sentence in the trial which is to be conducted against him. 5. In any view of the matter, I am not persuaded to agree that any specific direction under Section 482 Cr.P.C can or need be issued in favour of the petitioner by this Court now. The petitioner can show his bona fides by his conduct and advance all his contentions before the learned Magistrate. 6. This Crl.M.C is dismissed with the above observations. (R.BASANT, JUDGE) rtr/-