SASANKAN C Vs. STATE OF KERALA

JUDGEMENT

(1.) I had dictated my judgment on January 28, 2011. Before signing the order, I have again heard learned counsel for petitioner and the learned Public Prosecutor. Accordingly judgment dated January 28, 2011 is recalled and this petition is being disposed of by this order.

(2.) THIS petition is filed under Section 482 of the Code of Criminal Procedure (for short, "the Code") to quash Annexure-I, order of this Court in Crl. R.P. No.2157 of 2010 in view of he subsequent compromise between petitioner and respondent No.2. Proceeding arose on a complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act. Revision petition filed by the petitioner was disposed of by this Court by Annexure-I, order dated August 4, 2010. Case of petitioner is that subsequent to that, the matter is settled between himself and respondent No.2 and in the circumstance indulgence of this Court under Section 482 of the Code is requested. Learned counsel placed reliance on the decision in Madan Mohan Abot v. State of Punjab (2008 [2] KHC 589 (SC) to contend that since the dispute is purely personal between petitioner and respondent No.2 this Court can interfere under Sec.482 of the Code pursuant to the compromise.

(3.) IN the circumstances it is directed that if petitioner deposited Rs.1,000/- (Rupees One thousand only) and if a statement is filed by respondent No.2 through his counsel in the trial court that he has received the sum of Rs.67,000/- from the petitioner that shall be treated as sufficient compliance of the direction for deposit of the fine in the trial court. IN that event learned Magistrate shall make necessary entries in the Register of Fine as directed in Beena v. Balakrishnan Nair (supra) that the entire sum of Rs.68,000/- was deposited in the said court and Rs.67,000/- was released to respondent No.2, by way of compensation. Petitioner is granted a month's time to comply with the above directions. Criminal Miscellaneous Case is disposed of as above.