IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 OP(Crl.).No. 141 of 2010(Q) --------------------------- ST.145/2001 of CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA .................... PETITIONER:ACCUSED: ---------------------------------------- S.PRABHA KUMARI, W/O.PRABHULLACHANDRAN NAIR, AGED 55, DEEPA NIVAS, KULAVIKKONAM, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADVS. SRI.VINOD J.DEV, SRI.PRAMOD J.DEV. RESPONDENT(S): STATE & COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. P.UMESAN, S/O.PARAMESWARAN PILLAI, KUZHIVILA VEEDU, KOZHIYAKKONAM, MANIKANTESWARAM P.O., THIRUVANANTHAPURAM-695 013. R1 BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- O.P.(Crl.)No.141 of 2010 Q -------------------------- JUDGMENT Petitioner, the accused in S.T.No.145/2001 on the file of Chief Judicial Magistrate's Court, Alappuzha, was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Petitioner challenged the conviction and sentence before Sessions Court, Alappuzha in Crl.A. No.468/2005. Learned Sessions Judge confirmed the conviction and sentence and dismissed the appeal. Petitioner challenged it before this Court in Crl.R.P.No.2311/2006. By Exhibit P2 order, this Court confirmed the conviction and sentence and dismissed the revision holding that sentence awarded is only imprisonment till rising of court and a compensation for the amount covered by the dishonoured cheque. On the prayer of the petitioner, Chief Judicial Magistrate, Alappuzha was directed not to execute the sentence till OPCR 141/10 2 16.8.2006. This petition is filed under Article 227 of Constitution of India for a direction to Chief Judicial Magistrate, Alappuzha not to proceed against the petitioner, as she has already undergone the sentence. 2. Petitioner would contend that she had already undergone the sentence of imprisonment till rising of court and also paid the compensation to the complainant. Reliance is placed on Exhibit P3 receipt obtained from Chief Judicial Magistrate's Court and Exhibit P5 receipt obtained from the Village Office. Exhibit P3 is a receipt for depositing Rs.30,000/-, evidently for suspending the sentence as directed by this court in the criminal revision petition. Exhibit P5 is a receipt for payment of Rs.1,20,004/-, evidently for realisation of the amount due under Exhibit P4 notice, issued under Revenue Recovery Act. Exhibit P4 does not show that it relates to S.T.No.145/2001 and the amount demanded is Rs.1,50,000/- and what OPCR 141/10 3 was paid under Exhibit P5 is only Rs.1,20,004/-. Exhibits P4 and P5 will not establish that payment is towards the compensation payable on the sentence in S.T.No.145/2001. Therefore, petitioner is not entitled to get a direction as sought for. It is up to the petitioner to approach the learned Chief Judicial Magistrate and establish that she has paid the compensation. If compensation was paid, learned Chief Judicial Magistrate not to initiate further steps in execution of the sentence in S.T.No. 145/2001, provided, petitioner has undergone the imprisonment till rising of the court. Petition is disposed. 30th September, 2010 (M.Sasidharan Nambiar, Judge) tkv