RAMAKRISHNAN Vs. SATHYANARAYANA MOOSAD AND STATE OF KERALA

JUDGEMENT

(1.) Petitioner was convicted and sentenced for the offence punishable under Section 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 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 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 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 under Section 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 v. Balakrishnan, 2010 2 KerLT 1017. 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: