IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.MC.No. 1275 of 2009(B) ------------------------- ST.4588/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER(S): /COMPLAINANT ------------------------------------- P.P.GEORGE,S/O.C.L.POULOSE, CHITTILAPPILLY HOUSE,FATHIMA NAGAR, THRISSUR. BY ADV. SRI.JIJO PAUL SMT.T.RESMI DAMODARAN RESPONDENT(S): /ACCUSED & STATE ------------------------------------------ 1. K.VENUGOPAL,S/O.BHASKARA MENON, MANGALALAYAM,POTTAYIL LANE,THRISSUR. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-31. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1275 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of April, 2009. O R D E R This petition is filed with a prayer to clarify that the credit for payment of Rs.20,000/- as stated in Annexure A will be extended to the 1st respondent only if the said payment is actually made and to direct the Judicial First Class Magistrate-II, Thrissur to take all necessary steps to procure the presence of the 1st respondent to execute the sentence. The revision petitioner in the case was convicted and sentenced to undergo imprisonment for a period of two months and to pay a sum of Rs.50,000/- as compensation u/s 357(3) Cr.P.C. with a default clause of two months further imprisonment. In appeal the said conviction and sentence was confirmed. Against that judgment a revision was preferred and a Hon'ble Judge of this Court disposed of the matter holding that, “Accordingly, if the revision petitioner pays to the 1st respondent complainant by Crl.M.C. 1275 OF 2009 -:2:- way of compensation under Section 357(3) Cr.P.C. a sum of Rs.30,000/-(Rupees thirty thousand only) (giving credit to the sum of Rs.20,000/-(Rupees twenty thousand only) deposited by the revision petitioner pursuant to the orders of this Court and which amount can be withdrawn by the 1st respondent complainant) within five months from today, then he need to undergo only imprisonment till the rising of the Court. If on the other hand, the revision petitioner commits default in making the payment as aforesaid, he shall undergo simple imprisonment for three months by way of default sentence. Money, if any, paid by the revision petitioner pursuant to the orders, if any, passed by the lower appellate court shall be refunded to the revision petitioner.” 2. Here in the above quoted paragraph giving credit to the sum of Rs.20,000/- was made by the learned Judge on the representation that the said amount has been deposited as ordered by the Court on 29.10.04. It is submitted that no such amount is deposited. When it is not deposited the Crl.M.C. 1275 OF 2009 -:3:- question of giving credit to that amount does not arise. Or in other words the judgment of this Court makes it clear that the compensation to be paid is Rs.50,000/- with a default sentence of three months and also imprisonment till the raising of the Court. The revision petitioner has not entered appearance before the Court to receive the sentence or payment of compensation. Therefore I direct the learned Magistrate to execute the sentence in accordance with law. I make it clear that if Rs.20,000/- is paid, the balance alone need be realised. If it is not paid then the entire amount of Rs.50,000/- has to be paid or deposited. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-