IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 OP(CRL.).NO. 923 OF 2011(Q) --------------------------- AGAINST THE ORDER IN CRA.309/2005 SESSIONS COURT, KOLLAM CC.531/2010 OF THE COURT OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM .................... PETITIONER: -------------------- KOSHY THARAKAN, S/O.GEEVARGHESE THARAKAN K.K.VILLA, H.S.JUNCTION, ARINALLOOR P.O., KOLLAM. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MATHEW VARGHESE.T., RUBY VILLA, ARINALLOOR P.O., KOLLAM DISTRICT-641 001. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR ADV. SRI.N.MANU THAMPI FOR R2 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.923 of 2011 ==================================== Dated this the 07th day of March, 2011 J U D G M E N T Petitioner is accused in C.C. No.531 of 2010 of the court of learned Chief Judicial Magistrate, Kollam. He was convicted and sentenced for offence punishable under Section 138 of the Negotiable Instruments Act. He preferred Criminal Appeal No.309 of 2005 before learned Additional Sessions Judge, Kollam which was disposed of by the learned Sessions Judge. Challenging that, petitioner filed Crl. R.P. No.2974 of 2010 in this Court. This Court while confirming conviction modified the sentence as fine of Rs.2,10,000/-. It was directed that the said amount if realized will be paid to respondent No.2 as compensation under Section 357(1) of the Code of Criminal Procedure as compensation. This Court directed petitioner to deposit the said amount in the trial court or pay the same as compensation to respondent No.2 within one month from the date of order (23.12.2010). According to the petitioner he paid the amount to respondent No.2 directly, respondent No.2 appeared in the trial court and filed a memo. But it was not entertained for the reason that payment was not made O.P(CRL.) No.923 OF 2011 -: 2 :- within the time granted by this Court. Learned counsel for respondent No.2 admitted receipt of compensation. 2. Having regard to the circumstances of the case I am inclined to direct the learned Magistrate to treat payment made to respondent No.2 as sufficient compliance with the direction in the order dated 23.12.2010 on Crl. R.P. No.2974 of 2010. Respondent No.2 shall file a memo through his counsel in the trial court within two weeks from this day acknowledging receipt of the amount. On such memo being filed learned Magistrate shall make necessary entries in the relevant Registers maintained in that court as directed in the decision in Beena v. Balakrishnan Nair (2010 [2] KLT 1047). 3. Non-bailable warrant issued to the petitioner will stand in abeyance for a period of two weeks from this day. Original Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv