IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Crl.MC.No. 195 of 2011() ---------------------------------- CC.219/2000 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER(S): ACCUSED --------------------------------------- P.R.ASHOKAN, S/O.RAGHAVAN, AGED 59 YEARS, RESIDING AT PARAPPEL HOUSE, THIRUVARPPU KARA, THIRUVARPPU VILLAGE, KOTTAYAM-686033. BY ADVS. SRI.C.S.MANU SRI.S.K.PREMRAJ SMT.KHADEEJA RISHBATH KALLINGAL RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------ 1. K.P.ANANDARAMAN, AKKARA MADOM, THIRUVARPPU P.O., KOTTAYAM DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.V.K.SUNIL R2 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.195 of 2011 --------------------------------------- Dated this 27th day of January, 2011 ORDER Petitioner was convicted for offence punishable under Sec.138 of the Negotiable Instruments Act, sentenced to undergo imprisonment for six months and to pay compensation of `.5,50,000/- with a default sentence. Appellate court confirmed the conviction and direction for payment of compensation but modified the sentence to imprisonment for one month. Petitioner approached this court in Crl.R.P.No.2934 of 2005 and by Annexure-3, order dated June 12, 2006 this court while confirming the conviction and the order for payment of compensation, modified sentence to imprisonment till rising of the court. It was also directed that the amount of compensation shall be paid within six months (from June 12, 2006). Petitioner was directed to appear in the court of learned Magistrate on December 11, 2006 to receive the sentence. Petitioner says that he has paid compensation directly to respondent No.1, obtained receipt dated December 6, 2006 and memo signed by respondent No.1 and counsel. But, he was not able to appear before the learned Magistrate on the day fixed by this court. Petitioner seeks extension of time for his appearance in the trial court. Crl.M.C.No.195 of 2011 -: 2 :- 2. I have heard learned counsel for petitioner, respondent No.1 and the learned Public Prosecutor. Adv.Sri.K.S Arun Kumar representing Adv.Sri. V K Sunil who is appearing for respondent No.1 admitted that respondent No.1 received the sum of `.5,50,000/- as compensation and along with counsel issued Annexures-A4 and A5. Receipt of compensation as ordered by this court is admitted and acknowledged by respondent No.1. What remained is only the adjustment of the amount in the relevant registers of the trial court and appearance of petitioner to receive the sentence of imprisonment. 3. Petitioner has to produce original of Annexures-A4 and A5 in the trial court. On production of the original of Annexures-A4 and A5 learned Magistrate shall, if necessary make necessary entries in the register as if compensation has been paid to respondent No.1. 4. What remained is appearance of petitioner in the trial court to receive the sentence of imprisonment as modified in Crl.R.P.No.2934 of 2005. It is directed that petitioner shall appear in the trial court on 10-02-2011 to receive the sentence. The original of Exts.A4 and A5 shall be produced by the petitioner in that court on that day. Criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-