IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1469 of 2011() -------------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.3149/2006 OF THE HIGH COURT CC.NO. 1022/2001 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): ACCUSED --------------------------------------- RAMAKRISHNAN, AGED 63 YEARS, S/O.KALARICKAL KUMARA PANICKER, THENNALA AMSOM, DESOM, TIRURANGADI TALUK. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------ 1. SATHYANARAYANA MOOSAD, S/O.NARAYANAN MOOSAD, CHENNAZHI ILLAM, PONMALA P.O., PIN-676 505, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1469 of 2011 -------------------------------------- Dated this the 24th day of May, 2011. ORDER Petitioner was convicted and sentenced for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.1022 of 2001 of the court of learned Judicial First Class Magistrate, Malappuram. The sentence was to undergo imprisonment for three months and pay compensation of `.75,000/- to the first respondent. The Criminal Appeal was dismissed. Petitioner preferred Crl.R.P.No.3149 of 2006 in this Court. This Court by order dated 06.11.2008 modified the sentence as simple imprisonment till rising of the court and fine of `.75,000/-. It was directed that petitioner shall appear before the trial court on 05.02.2009 to receive the sentence and pay the fine amount and that on realization of the fine, the same shall be given to the first respondent as compensation. Petitioner states that he has paid the amount to the first respondent on 18.12.2008 as revealed by Annexure-A3, agreement (allegedly) executed between petitioner and first respondent. Petitioner seeks permission to appear before the learned Magistrate to receive the substantive sentence. 2. The sum of `.75,000/- ordered by this Court in revision being fine, ought to have been deposited in the trial court and it was for the trial court to disburse the amount to the first respondent as compensation under Section 357 Crl.MC No.1469/2011 2 (1) of the Code of Criminal Procedure. However if the amount has actually been paid to first respondent it is sufficient that necessary entries regarding such payment are made in the register as held in Beena v. Balakrishnan (2010 (2) KLT 1017). Having regard to the circumstances I am inclined to grant relief to the petitioner. Resultantly this Criminal Miscellaneous Case is allowed in the following lines: i. Petitioner shall appear before the learned Judicial First Class Magistrate, Malappuram on 08.06.2011 to receive the substantive sentence. ii. In case first respondent files a statement in the said court on the said day or before that day through his counsel acknowledging receipt of the amount by way of compensation learned Magistrate shall make necessary entries in the register as directed in paragraph 5 of the decision referred supra. iii. Coercive steps issued against the petitioner will stand in abeyance till 08.06.2011. THOMAS P.JOSEPH, Judge. cks