IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 1468 of 2011(G) ------------------------- PETITIONER(S): --------------- JOSEHP @ APPACHAN, ARUTHUNDATHIL VEEDU, PATTITHANAM.P.O, KOTTAYAM DISTRICT. BY ADV. SRI.V.G.ARUN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM - 686 001. 2. THE DEPUTY THAHSILDAR, REVENUE RECOVERY OFFICE, PALA, KOTTAYAM - 686 575. 3. THE VILLAGE OFFICER, KANAKKARI VILLAGE OFFICE, KOTTAYAM -6 686632. 4. PREENA PRASAD, W/O. PRASAD, AVANAKUZHIYIL HOUSE, KOZHA,P.O, KOTTAYAM -686 640. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.1468 of 2011-G ---------------------------------------- Dated this the 24th day of January, 2011. J U D G M E N T The petitioner is the accused in S.T.No.426 of 2006 on the files of Judicial First Class Magistrate Court, Pala. The case arises out of a complaint filed by one Sri.A.V.Prasad, alleging offence punishable under section 138 of the Negotiable Instruments Act. The conviction and sentence imposed against the petitioner was challenged before this Court, and in Ext.P1 judgment in Crl.Rev. Petition No. 2328 of 2009 dtd.22.7.2009, the sentence was limited to the extent of paying compensation to the tune of Rs.25,000/- under Section 357(3) of the Code of Criminal Procedure. Since the petitioner had failed to remit the amount, he was arrested and imprisoned to undergo the default sentence for a period of two months. Further, recovery steps were initiated to realise the amount of compensation by resorting to provisions under the Kerala Revenue Recovery Act, and Ext.P3 demand notice was issued in this regard. W.P(C) No.1468 of 2011-G 2 2. The petitioner had approached the learned Magistrate seeking to withdraw the recovery steps on the basis that he had already undergone the sentence. An application filed in this regard was dismissed by the learned Magistrate through Ext.P4 order holding that the petitioner will not be exonerated from the steps of recovery merely because he had undergone the default sentence. 3. After Ext.P4, it is stated that the petitioner had settled the matter with the complainant and paid the compensation amount directly to the complainant. The wife of the complainant had submitted a request to the 2nd respondent, wherein satisfaction of receipt of the amount is expressed and the revenue recovery proceedings was requested to be withdrawn. The petitioner is aggrieved by inaction on the part of the 2nd respondent in not withdrawing the revenue recovery proceedings on the basis of Ext.P5. 4. From the facts as stated above, I notice that the revenue recovery steps was initiated on the basis of a W.P(C) No.1468 of 2011-G 3 requisition issued by the learned Magistrate. The steps for revenue recovery initiated can be withdrawn only on orders of the learned Magistrate. Therefore, I find no fault on the part of the 2nd respondent in not dropping the proceedings, on the basis of Ext.P5 request submitted by the wife of the complainant. 5. I am of the view that, if payment has already been effected to the complainant, it is for the petitioner to bring the same to the notice of the learned Magistrate and to seek appropriate remedy either under Section 424 of the Code of Criminal Procedure or under any other enabling provisions. It is for the learned Magistrate to take a decision as to whether the petitioner had satisfied the sentence and as to whether the revenue recovery requisition need be withdrawn or not. Reserving such liberty to the petitioner, the above writ petition is dismissed. 6. The petitioner makes a request to direct the 2nd respondent to keep the coercive steps of recovery in abeyance, in order to facilitate the petitioner to approach W.P(C) No.1468 of 2011-G 4 the learned Magistrate. In view of the above observations, I am of the view that interest of justice will be served if the 2nd respondent is directed to keep in abeyance all further coercive steps initiated on the basis of Ext.P3 notice, for a period of one month from today, in order to facilitate the petitioner to approach the Magistrate Court seeking appropriate reliefs. C.K.ABDUL REHIM JUDGE ab