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Ramakrishnan vs Sathyanarayana Moosad and State of Kerala

High Court Of Kerala · Decided on 24 May 2011 · Citation: (2011) 05 KL CK 0146

HON’BLE JUDGES
Thomas P. Joseph, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 357(1) · Negotiable Instruments Act, 1881 (NI) — Section 138
RESULT
Allowed
CASE NUMBER
Criminal M.C. No. 1469 of 2011
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Judgment

5 paragraphs · 369 words

Thomas P. Joseph, J.—Petitioner was convicted and sentenced for the offence punishable u/s 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 Rs. 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 Rs. 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 Rs. 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 u/s 357 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 Vs. The Union of India (UOI) and The Central Bank of India, . 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.