IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 CRL.MC.NO. 1177 OF 2011() ------------------------- AGAINST THE JUDGEMENT IN CRA.1135/2003 DATED 04/06/2009 PETITIONER(S): ACCUSED: ---------------------------------------- ABDUL NAZER, S/O.M.M.ABDULKHADER, AGED 45 YEARS, BLOCK NO.93, KALLAR P.O., THOOKKUPALAM, IDUKKI DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): STATE & COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.G.MANI, S/O.GOVINDAN, NEDUMPILLIL HOUSE, KALLAR P.O., THOOKKUPALAM, IDUKKI DISTRICT, PIN - 685 552. BY PUBLIC PROSECUTOR SHRI JAIBY PAUL ADV. SRI.JEFF JOSEPH FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1177 of 2011 ==================================== Dated this the 07th day of April, 2011 O R D E R Petitioner is accused in C.C. No.233 of 2000 of the court of learned Judicial First Class Magistrate, Nedumkandam for offence punishable under Sections 138 of the Negotiable Instruments Act. He got an acquittal from that court but that was reversed by this Court in Crl. Appeal No.1135 of 2003 as per judgment dated 4.06.2009. He was sentenced to pay fine of `25,000/- which was to be paid to the second respondent on or before 16.08.2009 failing which he was to undergo imprisonment for six weeks. Petitioner says that he has paid the amount to the second respondent and produced Annexure-2, receipt. A non-bailable warrant is issued to the petitioner. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. Learned counsel for second respondent confirmed receipt of the amount and undertook to file a statement in the trial court acknowledging receipt. 2. As the sentence is one of fine, the amount was to be deposited in the trial court and it was for the trial court to disburse CRL.M.C. No.1177 of 2011 -: 2 :- the amount to the second respondent as compensation under Section 357(1) of the Code of Criminal Procedure. But since this Court directed that the entire amount is to be paid to the second respondent by way of compensation, that payment is already made and its receipt is acknowledged by the second respondent, it is sufficient that necessary entries are made by the learned Magistrate in the relevant Registers of that court as if the amount has been deposited in court and disbursed to the second respondent as directed by this Court in paragraph 5 of the decision in Beena v. Balakrishnan Nair (2010 [2] KLT 1017). Resultantly, Criminal Miscellaneous Case is disposed of in the following lines: (i) Petitioner and second respondent shall appear in the trial court on 18.04.2011. (ii) In case second respondent files a statement through his counsel in the trial CRL.M.C. No.1177 of 2011 -: 3 :- court on or before 18.04.2011 acknowledging receipt of `25,000/- by way of compensation, learned Magistrate shall treat the same as sufficient compliance with the direction in the judgment in Crl. Appeal No.1135 of 2003 and make necessary entries in the relevant Registers as directed in paragraph 5 of the decision referred supra. (iii) Non-bailable warrant issued to the petitioner will stand in abeyance till 18.04.2011. THOMAS P. JOSEPH, JUDGE. vsv