IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Crl.MC.No. 2986 of 2008() ----------------------------------------- C.C.NO.548 OF 2002 OF JUDICIAL 1ST CLASS MAGISTRATE'S COURT, PEERUMEDU. ....................... PETITIONER: ACCUSED: ------------------------------------- SATHYAKUMAR, S/O.CHAKRAPANI, AMBIKA BHAVAN, ELAPPARA VILLAGE. BY ADV. SRI.GEORGE MATHEW RESPONDENTS: COMPLAINANT & STATE: --------------------------------------------------------------- 1. S.N. PRABHAKARAN, S/O.NARAYANAN, WOODLAND ESTATE, PALLIKUNNU, ELAPPARA VILLAG. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.SUJITH MATHEW JOSE - R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB – R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2986 of 2008 ------------------------------------------------- Dated this the 7th day of August, 2008 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution for the offence under Sec.138 of the Negotiable Instruments Act. The verdict of guilty and conviction were upheld and the sentence was modified by this Court in revision. The petitioner has already undergone the substantive sentence of imprisonment till rising of court. He has also undergone the default sentence stipulated for non- payment of the compensation amount. But the learned Magistrate continues to issue distress warrant under Sec.421 Cr.P.C. to recover the compensation amount. The course adopted by the learned Magistrate is absolutely justified. There is no challenge against that also. 2. But, according to the petitioner, he has now settled Crl.M.C. No. 2986 of 2008 -: 2 :- the disputes with the complainant. The complainant has received the compensation amount. The complainant does not claim any further amount. 3. It is for the petitioner to appear before the learned Magistrate along with the complainant and for them to report before the learned Magistrate that the compensation claim has been settled and the complainant does not want any further amount to be received from the accused. If the learned Magistrate is satisfied of that circumstance – that the complainant is satisfied and does not want any further amount of compensation to be recovered, the learned Magistrate shall record the satisfaction of the compensation amount and shall withdraw the warrant issued under Sec.421 Cr.P.C. 4. With the above observations this Crl.M.C. is allowed to the above extent. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2986 of 2008 -: 3 :-