IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Crl.RC.No. 2 of 2008() ---------------------- CRA.65/2006 of ADDL. SESSIONS COURT (SPECIAL COURT FOR NDPS ACT CASES), THODUPUZHA .................... PARTIES 1. A.R. RAMAKAMMATH, ALUNGAPARAMBIL, THODUPUZHA. 2. PERINGOTTUKARA CHITS LIMITED (FORMERLY PERINGOTTUKARA FINANCE & INVESTMENTS CO. LTD.), THODUPUZHA BRANCH, MUVATTUPUZHA BYE-PASS ROAD, THODUPUZHA, REPRESENTED BY ITS BRANCH MANAGER IN CHARGE. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL RIVISION CASE HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl. Revision Case No. 2 of 2008 ========================== Dated this the 31st day of January, 2008. ORDER On 23.11.2007 this Court disposed of Crl.R.P. No. 3722/2006 filed by the accused in S.T. No. 201/2004 on the file of the Chief Judicial Magistrate, Thodupuzha in a prosecution under Section 138 of the Negotiable Instruments Act. The total amount of compensation payable by the revision petitioner was Rs.82,000/-. It was represented before this Court that out of the said amount, an amount of Rs.70,000/- was already deposited by the revision petitioner before the trial court. Hence, the final order dated 23.11.2007 directed the revision petitioner to deposit the balance amount of Rs.12000/- within six months from that day. That order was passed after giving credit to the sum of Rs.70,000/- already paid by the revision petitioner. Thereafter, the above revision was posted again for being spoken to at the instance of the revision petitioner and it was represented that the amount of Rs.70,000/- had not been deposited. Accordingly, this Court passed a revised order (also bearing the same date) directing the revision petitioner to deposit Rs.82,000/- by way of fine within six months. The learned Chief Judicial Magistrate, Thodupuzha on getting two mutually contradictory orders has addressed this Court as per reports dated 11.01.2008 and 28.01.2008. Since in the report dated 28.01.2008 it is stated that the accused/revision petitioner had CRL.R.C.NO. 2 of 2008 : 2: deposited a sum of Rs.50,000/- on 28.11.2006 and a further amount of Rs.20,000/- on 02.05.2007, thus making a total deposit of Rs.70,000/- and as per the directions in the first order passed by this Court on 23.01.2007 the said amount of Rs.70,000/- was permitted to be withdrawn by the 1st respondent/complainant, the learned Magistrate refunded to the complainant the sum of Rs.70,000/- lying in deposit. The revised order passed by this Court was under a wrong impression that the petitioner had not deposited any amount. Accordingly, the revised order dated 23.11.2007 directing the accused to deposit a sum of Rs.82,000/- by way of fine is hereby recalled. The original order directing him to deposit Rs.12,000/- after giving credit to the deposit of Rs.70,000/- is hereby revived and confirmed. The petitioner shall deposit the balance amount of Rs.12,000/- within the six months' period originally granted as per the order dated 23.11.2007. Communicate a copy of this order to the Chief Judicial Magistrate, Thodupuzha. V. RAMKUMAR, JUDGE. rv CRL.R.C.NO. 2 of 2008 : 3: