Ramesh Kumar Nair vs Krishna Prasad and State of Kerala

Thomas P. Joseph, J.—Petitioner was convicted and sentenced by learned Judicial First Class Magistrate, Chalakkudy in C.C. No. 1251 of 2005 for offence punishable u/s 138 of the Negotiable Instruments Act. Criminal Appeal filed by petitioner was dismissed. Petitioner filed Crl. R.P. No. 583 of 2011 in this Court. This Court modified the sentence as imprisonment till the rising of court and fine of Rs. 1,30,000/-. It was directed that petitioner shall appear in the trial court on 03.06.2011 to receive the sentence and pay the fine. Further direction was that out of the fine if realised, Rs. 1,25,000/- shall be given to the first respondent/complainant as compensation and the remaining Rs. 5,000/- shall be deposited in the State Exchequer as fine. Petitioner says that by an inadvertent mistake he paid compensation to the first respondent directly (within the time granted by this Court) who has filed Annexure-2, affidavit acknowledging receipt of the amount due to him. Learned Counsel submitted that direction may be issued to the learned Magistrate to treat payment made to the first respondent as sufficient compliance with the direction in the order in Crl. R.P. No. 583 of 2011. Learned Counsel for first respondent confirmed receipt of the amount within the prescribed time. I have heard counsel for petitioner, first respondent and the learned Public Prosecutor.

Since sentence involved payment of fine of Rs. 1,30,000/-, proper course was to deposit the amount in the trial court and it was for the trial court to disburse portion of the fine amount to the first respondent as compensation. However, if compensation payable to the first respondent has already been paid to him, it is sufficient that sufficient entries are made in that regard in the relevant Registers as directed by this Court in paragraph 5 of the decision in Beena v. Balakrishnan Nair 2010 (2) KLT 1017. But petitioner has to deposit the fine of Rs. 5,000/- in the trial court. Petitioner seeks some time to deposit the balance amount of fine in the trial court. Having regard to the circumstances stated I am inclined to allow the request. Resultantly, this Criminal Miscellaneous Case is allowed in the following lines:

(i) Petitioner shall appear in the trial court on 17.06.2011 to receive the sentence of imprisonment till rising of the court.

(ii) In case first respondent filed a statement through his counsel in the trial court on 17.06.2011 or any day prior to that date acknowledging receipt of compensation learned Magistrate shall accept the same as sufficient compliance with the direction for deposit of the amount in the order in Crl. R.P. No. 583 of 2011 and on such statement being filed learned Magistrate shall make necessary entries in the relevant Registers of that court as directed in paragraph 5 of the decision referred supra.

(iii) Petitioner shall deposit the balance amount of Rs. 5,000/- in the trial court on the date of his appearance - 17.06.2011 which shall be treated as fine.

(iv) Warrant of arrest if any issued to the petitioner will remain in abeyance until 17.06.2011.