IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Crl.MC.No. 3313 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.3364/2004 CC.1/1999 of JUDL.MAGISTRATE OF FIRST CLASS, AMABALAPUZHA .................... PETITIONER(S)/ACCUSED No.1 :- ---------------------------------------------- MICHAEL DEVASIA, S/O. DEVASIA, VENATTU VEEDU, THEKKEMURI, EDATHUA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.K.NIRMALAN RESPONDENT(S)/COMPLAINANT :- ------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VARGHESE, S/O. KURIEN, KADUMATHIL VEEDU, ANAPRAMBAL, VADAKKEMURI, THALAVADI VILLAGE, ALAPPUZHA DISTRICT, PIN – 688 001. ADV. SRI.ABHIJETT LESSLI FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No. 3313 of 2011 APPENDIX Petitioner's Exhibits :- Annexure 1 :- Copy of the order dated 22.10.2010 passed by this Hon'ble Court in Crl.R.P.No.3364/2004. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3313 of 2011 ------------------------------------ Dated this the 28th day of September 2011 O R D E R The learned counsel for the accused, who was the revision petitioner in Crl.R.P.No.3364 of 2004, submits that the time fixed by this Court for payment of the amount expired but within that time, the amount could not be paid by him. It is submitted that thereafter the entire compensation amount of three lakhs was paid to the complainant. The learned counsel for the complainant would submit that the amount was received by the complainant. But, it is stated that when the accused/revision petitioner was arrested and produced before the court, he was sentenced to undergo the default sentence of three months as ordered by this Court. 2. The learned counsel for the accused submits that in case the complainant files a memo and if his counsel Crl.M.C. No.3313 of 2011 -: 2 :- testifies the identity of the complainant and if it is reported that the entire amount due to him as compensation had been received, it will be recorded and an order of release shall be issued on the same day. In the result, this Crl.M.C. is disposed of with a direction that the complainant will file a memo before the trial court to the effect that he had already received the entire amount of compensation from the accused. The identity of the complainant shall be certified/testified by his counsel. N.K.BALAKRISHNAN, JUDGE. Jvt