IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Crl.MC.No. 4355 of 2011 ------------------------- CC.88/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER: --------------- ABBAS, AGED 37 YEARS, S/O.MAMMUNHI BEARY, BENNEMANE HOUSE, MADANGALLUKKATTE, MIYAPADAVU POST, KASARGOD. BY ADV. SRI.S.JIJI RESPONDENT(S): --------------- 1. HARISH.B, AGED 36 YEARS, S/O.DOOMANNA POOJARI, BEJJANGAL, MIYAPADAVU POST, KASARAGOD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-671 125 R1 BY ADV. SMT.C.G.PREETHA R2 BY PUBLIC PROCECUTER SRI.NOUSHAD THOTTATHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STK Crl.MC.No. 4355/2011 APPENDIX PETITIONER ANNEXURES: A1- COPY OF THE JUDGMENT DATED 14.1.2010 IN CRL.RP NO. 2716/2009. A2- COPY OF THE RECEIPT ISSUED BY THE IST RESPONDENT DATED 2.7.2011. A3- JOINT COMPROMISE BETWEEN PARTIES DATED 2.7.11. A4- COPY OF THE JUDGMENT DATED 23.12.2010 IN CRL.M.C. NO.5047/2010 OF THIS HON'BLE COURT. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P A TO JUDGE STK N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4355 of 2011 ------------------------------------------ Dated this the 20th day of December, 2011 ORDER Petitioner was convicted by the learned Magistrate for offence punishable under Section 138 of the Negotiable Instruments Act. The conviction was confirmed by the appellate court and also by this court. The sentence was modified by this court directing the accused to pay a fine of Rs.80,000/-. The complainant is represented in this court by his counsel. The learned counsel for the complainant submits that the amount as aforesaid was in fact received by the complainant. But the learned counsel for the petitioner/accused submits that the warrant is pending against the accused for the non-deposit of the fine amount. It seems the learned Magistrate happened to issue warrant as the fine amount was not deposited in court and no entry was made in the Fine Register and also in the case record. In view of the submission that the amount has already Crl.M.C.No. 4355 of 2011 -: 2 :- been paid, the accused has to take the complainant to the court of JFCM, Kasaragod. The complainant will file an affidavit before the learned Magistrate stating that the amount has already been received. The identity if the complainant has to be testified by the counsel appearing for the complainant. If it is done so within one month from today, the learned Magistrate will make necessary entries in the Fine Register and also in the concerned case record. Till then execution of the warrant shall be kept in abeyance. N.K. BALAKRISHNAN, JUDGE. smvd