IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Crl.MC.No. 3292 of 2011() ------------------------- STC.181/2006 of JUDICIAL MAGISTRATE OF FIRST CLASS - I, KALPETTA. .................... PETITIONER(S): PETITIONER/REVN. PETITIONER ------------------------------------------ K.G.MURALEEDHARAN, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION SUB DEPOT, KALPETTA, WAYANAD DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): RESPONDENT/RESPONDENT ------------------------------------ 1. PRASAD.T.S., MOHAN ESTATE, CHUZHALI, KALPETTA, WAYANAD DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT. ADV. SRI.N.S.SUJITH KUMAR FOR R1 PUBLIC PROSECUTOR SMT.R.REMA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SU CR.M.C.NO.3292/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1 COPY OF THE JUDGMENT IN S.T.C.NO.181/06 ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALPETTA DATED 16/12/2006. ANNEXURE 2 COPY OF THE JUDGMENT IN CRL.APPEAL NO.26/07 DATED 22/08/2008. ANNEXURE 3 COPY OF THE ORDER DATED 02/01/2009 IN CRL.R.P.NO.4210/2008. ANNEXURE 4 THE ORIGINAL RECEIPT ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' ANNEXURES: NIL. /TRUE COPY/ P.A. TO JUDGE SU N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3292 of 2011 ----------------------------------- Dated this the 13th day of October 2011 O R D E R The accused was convicted for offence under Sec.138 of N.I.Act. He was sentenced to undergo imprisonment till the rising of the court and to pay Rs.95,000/- as fine. Out of the fine amount Rs.91,000/- was to be paid to the complainant as compensation. No fine amount was admittedly deposited before the trial court. The petitioner/accused contends that a sum of Rs.91,000/- was directly paid to the complainant, in support of which copy of the receipt has been produced. Since the amount was to be paid as fine, the amount should have been deposited in court and appropriate entries should have been got made in the register concerned. That fact has to be recorded by the court so as to close the proceedings. Admittedly that was not done. The learned counsel for the accused submits that the amount of Rs.91,000/- was paid. The learned Magistrate cannot act upon a receipt without Crl.M.C. No.3292 of 2011 -: 2 :- getting it testified. 2. Now the learned counsel for the complainant submits that complainant is ready to accompany the accused when the accused surrenders before the court to undergo imprisonment till the rising of the court. The accused will surrender before the learned Magistrate on 20.10.2011 and will undergo imprisonment till the rising of the court. If the complainant files an affidavit to the effect that he has already received Rs.91,000/-, the amount due to him and if the identity of the complainant is testified by his counsel and if the petitioner/accused remits the balance amount of Rs.4,000/- on the very same date, then the learned Magistrate will make necessary entries in the records concerned as compliance/satisfaction of the sentence ordered by the court. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt