IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Crl.MC.No. 1457 of 2011() ------------------------------------- S.T.NO. 78/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-IV, KOLLAM .................... PETITIONER(S): ACCUSED --------------------------------------- K.SIVARAJAN, KOCHU PLAVILA VEEDU, KIDANGAYAM NORTH MURI, NORTH PATHARAM P.O., KOLLAM DISTRICT. BY ADV. SRI. SIJU KAMALASANAN SMT.BINDU GEORGE RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------------- 1. THANGAL KUNJU, S/O.HANEEFA KUNJU, THAYYIL THEKKATHIL VEEDU, PATTATHANAM CHERRI, MUKUNDAPURAM P.O., KOLLAM.PIN-691 306 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 R2 BY PUBLIC PROSECUTOR SRI. V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1457 of 2011 ==================================== Dated this the 23rd day of May, 2011 O R D E R Heard counsel for petitioner, first respondent and learned Public Prosecution who took notice for the second respondent. 2. Petitioner suffered conviction and sentence under Section 138 of the Negotiable Instruments Act. He was sentenced to undergo simple imprisonment till rising of the court and payment of compensation of `50,000/- to the first respondent. Criminal Appeal No.718 of 2007 filed by the petitioner was dismissed by the learned Sessions Judge, Kollam. Thereon petitioner filed Crl. R.P. No.3081 of 2009 in this Court. This Court did not interfere with the conviction and sentence but granted petitioner six months' time to deposit the compensation in the trial court on condition of petitioner executing bond for `10,000/-. Petitioner says that he has paid compensation to the first respondent directly within the time granted by this Court. Petitioner filed C.M.P. No.7 of 2011 (in S.T. No.78 of 2007) to drop coercive steps against him in view of the said payment. That petition was dismissed by the learned Magistrate as per Annexure- 4, order for the reason that this Court directed deposit of the CRL.M.C. No.1457 of 2011 -: 2 :- amount in court. Learned counsel submitted that payment made to the first respondent may be treated as sufficient compliance with the direction in Crl.R.P. No.3081 of 2009. Learned counsel for first respondent confirmed receipt of the amount within the prescribed time. 3. It is true that this Court in Annexure-1, order granted petitioner six months' time to deposit the amount in the trial court on condition that he shall execute bond for `10,000/- and in spite of such direction petitioner has paid compensation to the first respondent directly. Learned Magistrate cannot be faulted with for passing Annexure-4, order since direction issued by this Court was to deposit the amount in court. In the light of the decision in Beena v. Balakrishnan Nair (2010 (2) KLT 1017) payment made to the first respondent can be treated as sufficient compliance with the direction in Crl. R.P. No.3081 of 2009. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-4, order is set aside. C.M.P. No.7 of 2011 is allowed subject to the following conditions: (i) Petitioner shall appear in the trial court on 06.06.2011 to receive the sentence of CRL.M.C. No.1457 of 2011 -: 3 :- imprisonment till rising of the court. (ii) In case first respondent filed a statement through his counsel in the trial court on 06.06.2011 or any day prior to that date acknowledging receipt of compensation learned Magistrate shall accept the same as sufficient compliance with the direction for deposit of the amount in the order in Crl. R.P. No.3081 of 2009 and on such statement being filed learned Magistrate shall make necessary entries in the relevant Registers of that court as directed in paragraph 5 of the decision referred supra. (iii) Coercive steps if any taken against petitioner will remain in abeyance until 06.06.2011. THOMAS P. JOSEPH, JUDGE. vsv