IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Crl.MC.No. 4474 of 2011() ----------------------------------- CRA.276/2009 of IIIRD ADDL. SESSIONS COURT, KOLLAM .................... PETITIONER(S): ACCUSED ---------------------- ABDUL AZEEZ, S/O.SULAIMAN KUNJU, FAMEENA MANZIL, KILIKOLLUR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SHAHUL HAMEED, NISHAD MANZIL, DECENT JUNCTION.P.O., KOLLAM, PIN-691 577. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.4474/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE JUDGMENT DATED 01.07.2009 IN S.T.NO.47/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, KOLLAM. AII:- COPY OF THE JUDGMENT DATED 27.03.2010 IN CRL.A.NO.276/2009 OF THE III ADDITIONAL SESSIONS COURT,KOLLAM. AIII:-COPY OF THE JUDGMENT DATED 04.10.2010 IN CRL.R.P.NO.1762/2010 OF THIS HON'BLE COURT. AIV:-COPY OF THE SETTLEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE IST RESPONDENT. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.S. TO JUDGE tss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4474 of 2011 ---------------------------------------------------- Dated this the 23rd day of December, 2011 Order The petitioner was convicted in a case filed under Section 138 of the N.I.Act. His sentence was modified by the appellate court to imprisonment till the rising of the court and to pay Rs.5 lakhs as compensation. That was confirmed by this court as per Annexure III order. But as directed in Annexure III order, the petitioner did not deposit the fine amount, but he directly paid the amount to the complainant. The learned counsel for the complainant/first respondent who is present here submits that the amount was received. But since the amount was directed to be deposited before the court below as above, without making necessary entries in the fine register and in the case records, the learned Magistrate cannot avoid executing the sentence. The petitioner has to undergo imprisonment till the rising of the court also. Hence, the following directions are issued: The petitioner will surrender before the JFCM Court-IV, Kollam within two weeks from today and will undergo Crl.M.C.4474/2011 2 imprisonment till the rising of the court on that day. On that day he has to take the complainant also to that court. The complainant will file an affidavit stating that the entire amount has been received, if it is so. The identity of the complainant has to be testified by the counsel who was appearing for the complainant. If that is done, the learned Magistrate will make necessary entries in the Fine Register and in the case records. Till then, execution of the warrant shall be kept in abeyance. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.4474/2011 3