IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.MC.No. 976 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.865/2002 Dated 12/12/2008 .................... PETITIONER(S): ACCUSED ------------------------------- V.P.DAVIS, S/O. VADAKKETHALA OUTHADAN PAULOSE, VADAKKETHALA, NEAR CHURCH, P.O.KANDASSANKADAVU, VADANAPPILLY, THRISSUR DISTRICT. BY ADV. SRI.BINOY VASUDEVAN RESPONDENT(S): STATE/COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VISHALAKSHI V.S., W/O. T.K.SANKARAN (LATE), THACHAPPULLY HOUSE, P.O.KUNDALIYOOR, THRISSUR-680 616. 3. SUDHIN T.S., S/O. T.K.SANKARAN (LATE), THACHAPPULLY HOUSE, P.O.KUNDALIYOOR, THRISSUR-680 616. 4. SMITHA T.S., D/O. T.K.SANKARAN (LATE), THACHAPPULLY HOUSE, P.O.KUNDALIYOOR, THRISSUR-680 616. R1 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.976 of 2011 --------------------------------------- Dated this 29th day of March, 2011 ORDER Petitioner is accused in C.C.No.914 of 1998 of the Court of learned Judicial First Class Magistrate, Chavakkad, appellant in Crl.Appeal.No.363 of 2000 of First Addl. Sessions Court, Thrissur and petitioner in Crl.R.P.No.865 of 2002 of this Court, all concerning conviction and sentence of petitioner under Sec.138 of the Negotiable Instruments Act. This Court in the said revision as per order dated 12.12.2008 modified the sentence as simple imprisonment till rising of the Court and directed petitioner to deposit `.4,00,000/- for payment to the second respondent within six months. The time for deposit of the amount was extended twice and date of surrender was fixed as 28.11.2009. In the meantime, second respondent expired on 06.12.2009 (Annexure- D is the death certificate). Petitioner says that he has paid the amount of compensation to the legal heirs of the second respondent even before 31.10.2009. But, learned Magistrate is insisting on production of a succession certificate. The case is now posted on 05.04.2010. A non bailable warrant is pending against petitioner. I have heard learned counsel for petitioner Crl.M.C.No.976 of 2011 -: 2 :- and learned counsel for respondents 2 to 4 who claimed to be legal heirs of deceased second respondent. 2. It is not necessary that a certificate of succession is to be produced. It is sufficient that to ensure that respondents 2 to 4 are the only legal heirs a certificate of legal heirship from the Tahsildar concerned is produced. If the legal heirs confirm that they have received the amount of compensation and filed a statement in the trial court through their counsel, that can be taken as the sufficient compliance of the direction for deposit of the amount. Resultantly this criminal miscellaneous case is disposed of in the following lines: (i) Petitioner is granted time till 02.05.2011 to appear in the trial court and receive sentence. (ii) If on that day or any day before that the legal heirs of deceased second respondent filed a statement through counsel acknowledging receipt of deposit as ordered by this Court along with a legal heir certificate issued by the Tahsildar concerned stating that they alone are the legal heirs of decease second respondent, learned Magistrate shall accept such statement regarding receipt of compensation as sufficient compliance with the order of this Court dated 12.12.2008 and make entries in the registers as directed in paragraph Crl.M.C.No.976 of 2011 -: 3 :- 5 of the decision in Beena Vs. Balakrishnan Nair (2010(2) KLT 1017). (iv) The non bailable warrant issued to the petitioner will stand in abeyance till 02.05.2011 or till petitioner appears in the trial court whichever is earlier (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge