IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Crl.MC.No. 74 of 2011() ----------------------- CC.167/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER/ACCUSED ---------------------- ANSHAD.K.P., AGED YEARS, AGE 32 S/O.K.M.PAREETH, KALARICKAL HOUSE, KADAVOOR.P.O., PAINGOTTOOR. BY ADV. SRI.A.V.JAMES RESPONDENT(S): COMPLAINANT -------------------------- 1. M/S.GATEWAY AUTO FINANCE, KOTHAMANGALAM, REPRESENTED BY ITS WORKING PARTNER, THOMAS A.GEEVARGHESE, AGED 59 YEARS, KALLUNGAL HOUSE, PUTHUPPADY, KOTHAMANGALAM-686691 2. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP.BY THE SUB INSPECTOR, ERNAKULAM TOWN SOUTH POLICE STATION IN CR.62/2000. PUBLIC PROSECUTOR: ADV. SMT. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.74 of 2011 --------------------------------------- Dated this 11th day of January, 2011 ORDER Petitioner was convicted for offence punishable under Sec.138 of the Negotiable Instruments Act. Learned Magistrate sentenced him to undergo simple imprisonment till rising of the court and to pay compensation of `.1,50,000/- with interest @6% per annum with default sentence of imprisonment for six months. On appeal, learned Sessions Judge confirmed the conviction but modified the sentence deleting the sentence of imprisonment till rising of the court and retaining only the direction for payment of compensation. Petitioner challenged that judgment in this court in Crl.R.P.No.1592 of 2009. Taking note of illegality in the matter of sentence, this court registered Crl.R.C.No.2 of 2009 and the criminal revision and criminal R.C were disposed of together as per which conviction was retained and sentence imposed by the learned Magistrate was restored. Petitioner was granted time till 30.12.2009 to deposit compensation in the trial court. A default sentence of imprisonment for two months was also provided. Petitioner states that he has paid the amount of compensation to respondent No.1 and has produced Annexure- Crl.M.C.No.74 of 2011 -: 2 :- A2, receipt. Prayer in this petition is to direct learned Magistrate to accept Annexure-A2 as payment of compensation to respondent No.1, instead of deposit in court. 2. Though, this court directed deposit of the amount in the trial court, payment of the amount (of compensation) to respondent No.1 is sufficient compliance of the said direction. If at all any entry is to be made in the relevant register of the trial court what is required is only to make necessary entries as if compensation has been deposited in court and paid to respondent No.1, provided the latter acknowledged receipt of amount as referred to in Annexure-A2. 3. Petitioner was directed to appear in the trial court on 31.12.2009. Petitioner says that he was not able to raise the money. Having regard to the facts and circumstances stated, I am inclined to grant petitioner time till 17.01.2011 to appear in the trial court. Resultantly this criminal miscellaneous case is disposed of in the following lines: (i) Petitioner shall appear in the trial court on 17.01.2011 to receive the sentence. (ii) It is made clear that if the amount of compensation ordered by the trial court and Crl.M.C.No.74 of 2011 -: 3 :- accepted by this court is paid to respondent No.1 and such payment is acknowledged by respondent No.1, that shall be sufficient compliance of the order of this court directing deposit of the amount. (iii) In case respondent No.1 acknowledges receipt of the amount, respondent No.1 shall file a statement through his counsel in the trial court acknowledging receipt of the amount. Thereon, necessary entries in the relevant register if any, required shall be made by the learned Magistrate regarding deposit of compensation and its payment to respondent No.1. (THOMAS P JOSEPH, JUDGE) Sbna/-