IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Crl.MC.No. 4219 of 2011 ---------------------------------- [CRL.A.NO.204/2004 OF ADDITIONAL SESSIONS COURT-II, MAVELIKKARA, CC.NO.295/2000 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, CHENGANNUR] .................... PETITIONER/ACCUSED/APPELLANT: ----------------------------------------------------- MANOJ.P.JOHN, S/O. E. JOHN, GRACE BHAVAN, CHRISTIAN COLLEGE JUNCTION, ANGADICKAL SOUTH MURI, CHENGANNUR. BY ADV. SRI.K.RAVEENDRAN. RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CHENGANNUR T.M.G. FINANCE AND LEASING PVT. LTD. COMPANY, REPRESENTED BY POWER OF ATTORNEY HOLDER P. MOHANAN PILLAI, HARIHARA VILASOM, KOZHUVALLOOR MURI, CHENGANNUR TALUK. BY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO.4219/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE.A: CERTIFIED COPY OF THE JUDGMENT DTD. 21/03/2007 IN CRL.APPEAL 204/2004 ON THE FILE OF ADDITIONAL SESSIONS JUDGE, MAVELIKKARA. ANNEXURE B: COPY OF THE SETTLEMENT SHOWING R.2. HAS ON 31/10/2011 RECEIVED RS.50,000/- AND AGREED THE SETTLEMENT AND EXPRESSED HIS WILLINGNESS TO RECORD SETTLEMENT. RESPONDENTS' ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4219 of 2011 ---------------------------------------------------- Dated this the 8th day of December, 2011 Order The petitioner was convicted in a case filed against him under Section 138 of the N.I.Act. His appeal was also dismissed. The conviction and sentence passed against him became final. The petitioner was sentenced to S.I. for three months and to pay Rs.85,000/- as compensation to the complainant. It is stated that subsequently the matter was settled between him and the complainant. But since conviction and sentence have become final, this court cannot reopen the same. Section 482 is not intended to upset the conviction and sentence which have already become final. The learned counsel for the petitioner submits that the sum of Rs.85,000/- ordered to be paid to the complainant as compensation by the learned Magistrate was already paid to the complainant. The petitioner can take the complainant to the court below and if the complainant files an affidavit duly certified by the counsel appearing for the complainant stating that the compensation amount had already been received, that fact can Crl.M.C.4219/2011 2 be entered in the concerned register and to that extent the execution of the sentence shall be treated as satisfied. But regarding the sentence to undergo imprisonment, since this court cannot upset the conviction and sentence passed by the learned Magistrate, that portion of the sentence the petitioner has to suffer. The Crl.M.C. is disposed of as stated above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.4219/2011 3