IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 CRL.MC.NO. 925 OF 2011() -------------------------------------- CRA.871/2005 OF ADDITIONAL SESSIONS COURT (ADHOC-III), ERNAKULAM. PETITIONER(S): ------------------------ SHAJI RAPHEL, PARACKAL HOUSE, PULLUVAZHY P.O., PERUMBAVOOR. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.N.RAJESH SMT.D.N.NISHANI RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.M. SULAIMAN, CHANNATHADATHIL HOUSE, RANNO, PERUNADU, KUDEMURATHY P.O., 3. THE TAHSILDAR (REVENUE RECOVERY) TALUK OFFICE, KUNNATHUNADU, PERSUMBAVOOR – 683 542. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMD ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.925 of 2011 ==================================== Dated this the 23rd day of March, 2011 O R D E R Petitioner faced trial for offence punishable under Section 138 of the negotiable Instruments Act, was convicted and sentenced to undergo imprisonment. There was a direction for payment of compensation. He filed Crl. Appeal No.871 of 2005 before the court of learned Additional Sessions Judge(Adhoc-II), Ernakulam. Learned Additional Sessions Judge while confirming conviction modified the sentence. Petition then filed Crl. R.P. No.798 of 2007 in this Court and as per order dated 22.02.2007 sentence was modified as imprisonment till rising of the court. CRL.M.C. No.925 of 2011 -: 2 :- There was a direction for payment of compensation of Rs.90,000/- to the second respondent with a default sentence. Petitioner was also directed to appear in the trial court 22.08.2007 to receive the sentence. Petitioner states that on account of financial difficulties he could not pay the compensation with the time specified. However he paid the compensation to the second respondent. But learned Magistrate has issued non-bailable warrant to the petitioner. Hence this petition seeking a direction to the learned Magistrate to record compliance of condition in the order dated 22.02.2007 in Crl. R.P. No.798 of 2007. CRL.M.C. No.925 of 2011 -: 3 :- In the light of the decision in Beena v. Balakrishnan Nair (2010 [2] KLT 1017 – paragraph 5) if compensation has already been paid to the second respondent and receipt is acknowledged by him it is sufficient that learned Magistrate made necessary entries in the relevant Registers. Having regard to the facts and circumstances I am inclined to grant some time to petitioner to appear in the trial court to receive the sentence. Resultantly, Criminal Miscellaneous Case is disposed of in the following lines: (i) Petitioner is directed to appear in the court of learned Judicial First Class Magistrate, Perumbavoor on 01.04.2011 to CRL.M.C. No.925 of 2011 -: 4 :- receive the sentence. (ii) In case the second respondent filed a statement through his counsel in the trial court on or before 01.04.2011 acknowledging receipt of Rs.90,000/- by way of compensation learned Magistrate shall accept the same as sufficient compliance of the direction in the order dated 22.02.2007 in Crl. R.P. No.798 of 2007 and make necessary entries in the relevant Registers of that court as stated in paragraph 5 of the decision stated supra. (iii) Warrant of arrest including revenue recovery proceedings initiated against petitioner will remain in abeyance till 01.04.2011. THOMAS P. JOSEPH, JUDGE. vsv