IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Crl.MC.No. 4403 of 2011() ------------------------- AGAINST THE ORDER DATED 11/10/2011 IN CMP 1665/2011 IN CC.544/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER(S): ACCUSED ---------------------- SHANMUGHAN,S/O.AYYAPPAN,AGED 41 YEARS, 6/23,SREE KARTHIKEYA,MARUTHAROAD,PALAKKAD DIST. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. ABDUL RAHIMAN,S/O.P.ABDULLA, PUTHENPEEDIKAYIL HOUSE,PALLIPURAM, PALAKKAD - 678001 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA Crl.MC.No. 4403 of 2011() APPENDIX PETITIONER'(S) ANNEXURES: ANNEX.A COPY OF THE RECEIPT DATED 16.06.2011 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. ANNEX.B COPY OF THE ORDER DATED 11.10.2011, IN CC NO.544/2007 IN CMP NO.1665/2011 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE-III, PALAKKAD. RESPONDENT'(S) ANNEXURES: NIL //TRUE COPY// PA TO JUDGE BKA N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4403 OF 2011 ------------------------------------------ Dated this the 21st day of December, 2011 O R D E R In a case filed under section 138 of Negotiable Instruments Act, the petitioner was convicted by the trial Court. The appeal and the Criminal Revision Petition were already disposed of. The petitioner is to pay a fine of `.80,000/-. Instead of remitting the amount in Court he paid the amount to the complainant. Annexure A is the copy of the receipt of the amount paid to the complainant. That receipt was produced before the Court below. The learned Magistrate was not inclined to receive the same, evidently because the remittance of the amount has to be entered in the Fine Register. 2. In view of what is stated above, the following direction is issued. The accused will take the complainant to the Judicial First Class Magistrate-III, Palakkad, and will see that the complainant files an affidavit (identity of the Crl. M.C. No: 4403 OF 2011 -2- complainant has to be testified by the counsel who is appearing for the complainant) and on production of the same, the learned Magistrate will make necessary entries in the Fine Register and in the case records which can be treated as due compliance of the direction regarding payment of fine. N.K. BALAKRISHNAN, JUDGE jjj