IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 18801 of 2008(L) -------------------------- CC.456/2006 of J.M.F.C.-I, CHENGANNUR .................... PETITIONER(S): ------------------------ BABY, BATHEL HOUSE, NANGIARKULANGARA, HARIPPAD. BY ADV. MR.R.KRISHNA RAJ RESPONDENT(S): ------------------------------- 1. P.N. GOPINATHAN, PANIYILETH VEEDU, CHERIYANADU KIZHAKKU THURUTHIMEL MURI, CHERIYANADU, CHENGANNOOR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.N.ASHOK KUMAR R2 BY GOVERNMENT PLEADER MR. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18801/2008 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPROMISE PETITION DTD. 05/01/2008. P2: COPY OF THE PETITION FILED BY THE PETITIONER DTD. 30/05/2008. P3: COPY OF THE ORDER SHEET IN CC.456/2006 DTD. NIL. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.18801 OF 2008 ------------------------------------------ Dated 17th August 2009 JUDGMENT Petitioner is the accused and first respondent the complainant in C.C.456/2006 on the file of Judicial First Class Magistrate, Chengannur. Learned Magistrate sent the case for settlement to the Adalath. Before the Adalath a settlement was arrived at between the parties evidenced by Ext.P1 agreement whereunder petitioner has to pay Rs.2,50,000/- in two instalments. Last instalment being on 6/3/2008. But no award was passed. It is admitted case that Rs.1,00,000/- was paid by the petitioner and received by first respondent on 4/2/2008. But before the last date of payment of second instalment, some dispute arose between the parties and the matter could not be compounded. This petition is filed under Article 227 of Constitution of India for a direction to the Magistrate to permit the petitioner to deposit the balance amount of Rs.1,05,000/- as provided under Ext.P1 agreement. WPC 18801/08 2 2. Learned counsel appearing for petitioner and first respondent were heard. 3. When learned counsel appearing for petitioner submitted that if first respondent is not prepared to accept Ext.P1 agreement, petitioner is prepared to proceed with the trial on condition that first respondent shall repay the amount of Rs.1,00,000/- already received from the petitioner and petitioner shall be permitted to take back Rs.1,05,000/- deposited before the trial court as ordered by this court, learned counsel appearing for first respondent submitted that first respondent/complainant is prepared to accept Ext.P1 settlement. Learned counsel submitted that petitioner is liable to pay interest and cost for the amount fixed under Ext.P1. It was not acceptable to the counsel appearing for the petitioner. 5. Learned counsel appearing for petitioner submitted that as petitioner is liable to pay the balance of Rs.1,05,000/- after the payment of Rs.1,00,000/- on 4/2/2008 on or before 6/3/2008 and the amount was deposited only by the orders of this court, petitioner is prepared to pay interest for that period. It was also submitted that failure to pay the balance WPC 18801/08 3 was not due to the fault of the petitioner but due to the fault of the first respondent to receive the same. Learned counsel appearing for first respondent submitted that if first respondent is prepared to deposit Rs.1,500/- as interest in addition to the amount already deposited or pays it directly to the counsel appearing for first respondent before the trial court, a direction may be issued to dispose the case accepting Ext.P1 settlement. Writ petition is disposed as agreed to by the parties as follows. If petitioner deposits or pays Rs.1,500/- to the counsel appearing for first respondent, learned Magistrate shall dispose the case as compounded under Section 147 of Negotiable Instruments Act treating Ext.P1 as petition to compound the offence. First respondent shall receive Rs.1,500/- tendered by the petitioner and file a petition before the Magistrate to compound the offence. Amount of Rs.1,05,000/- deposited by the petitioner, pursuant to the order of this court shall be paid to first respondent/complainant. M.SASIDHARAN NAMBIAR, WPC 18801/08 4 JUDGE. uj.