LAWS(KER)-2011-3-47

KOSHY THARAKAN Vs. STATE OF KERALA

Decided On March 07, 2011
KOSHY THARAKAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER is accused in C.C. No.531 of 2010 of the court of learned Chief Judicial Magistrate, Kollam. He was convicted and sentenced for offence punishable under Section 138 of the Negotiable Instruments Act. He preferred Criminal Appeal No.309 of 2005 before learned Additional Sessions Judge, Kollam which was disposed of by the learned Sessions Judge. Challenging that, petitioner filed Crl. R.P. No.2974 of 2010 in this Court. This Court while confirming conviction modified the sentence as fine of Rs.2,10,000/-. It was directed that the said amount if realized will be paid to respondent No.2 as compensation under Section 357(1) of the Code of Criminal Procedure as compensation. This Court directed petitioner to deposit the said amount in the trial court or pay the same as compensation to respondent No.2 within one month from the date of order (23.12.2010). According to the petitioner he paid the amount to respondent No.2 directly, respondent No.2 appeared in the trial court and filed a memo. But it was not entertained for the reason that payment was not made within the time granted by this Court. Learned counsel for respondent No.2 admitted receipt of compensation.

(2.) HAVING regard to the circumstances of the case I am inclined to direct the learned Magistrate to treat payment made to respondent No.2 as sufficient compliance with the direction in the order dated 23.12.2010 on Crl. R.P. No.2974 of 2010. Respondent No.2 shall file a memo through his counsel in the trial court within two weeks from this day acknowledging receipt of the amount. On such memo being filed learned Magistrate shall make necessary entries in the relevant Registers maintained in that court as directed in the decision in Beena v. Balakrishnan Nair (2010 [2] KLT 1047).