IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Crl.MC.No. 3447 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.3168/2008 Dated 05/09/2008 CC.340/2001 of JDUL. FIRST CLASS MAGISTRATE COURT, RAMANKARI .................... PETITIONER/ACCUSED: ----------------------- C.J.EDWARD, AGED 71 YEARS, S/O.LATE JOSEPH, CHERUKAD HOUSE, EDATHUA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.R.SANTHOSH BABU RESPONDENTS/COMPLAINANT & STATE: ----------------------------------- 1. ALEX AUGUSTINE, NEDUVELIL CHALUNKAL, PULINKUNNU P.O., ALAPPUZHA DISTRICT, PIN-688 504. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R1 BY ADV.SRI.SHYAM.T.MATHEW R2 BY PUBLIC PROSECUTOR SRI. T.R.RANJITH THIS CRIMINAL MISC.CASE HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ Crl.MC.No. 3447 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I: TRUE COPY OF THE JUDGMENT IN CR.RP 3168/2008 DATED 5/9/2009. ANNEXURE II: TRUE COPY OF ORDER IN CR.MA 9437/2009 IN CRMA.6924/2009 IN CR.RP.3168/2008 DT.6/10/2009. ANNEXURE III: TRUE COPY OF RECEIPT DATED 23/11/2009 BY 1ST RESPONDENT. ANNEXURE IV: TRUE COPY OF AFFIDAVIT DATED 30/9/2011 BY 1ST RESPONDENT. RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3447 of 2011 ---------------------------------------------------- Dated this the 11th day of October, 2011 Order The petitioner was convicted by the learned J.F.C.M.Court, Ramankari for the offence under Section 138 of the N.I.Act. In Crl.R.P.No.3168 of 2008 this court directed the petitioner to pay Rs.Two lakhs as fine which was subsequently modified directing him to pay Rs.2,20,000/-. It was to be paid within two months from 6.10.2009. Learned counsel for the petitioner submits that the amount payable as directed by this court was in fact paid to the complainant on 23.11.2009 and a receipt was obtained evidencing the same. But this fact was not brought to the notice of the learned Magistrate. The fact of payment of the amount was not certified nor was any such entry made in the fine register and the records of the court. The complainant has filed an affidavit stating that he has actually received the money. But that will not suffice. Now the petitioner and the complainant would submit that both of them will appear before the learned Magistrate on 28th October, 2011 accompanied by the counsel appearing for the 2 parties. If the complainant files an affidavit before the learned Magistrate and it is certified by his/her counsel that the amount due was received by the complainant, that will be recorded by the learned Magistrate as sufficient compliance of the order passed by this court and further proceedings will thereafter be closed. Till then, warrant issued in this case shall not be executed. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd 3