M.K. KAMALASANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in C.C. No. 50/02 on the files of Judicial First Class Magistrate Court, Ramankary to issue a direction to the magistrate under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner has been arrayed as accused in C.C. No. 50/02 on the file of Judicial First Class Magistrate Court, Ramankary which was taken on file on the basis of a private complaint filed by the second respondent alleging offence under Section 138 of the Negotiable Instruments Act. After trial, the learned magistrate found the petitioner guilty under Section 138 of the Act and convicted him thereunder and sentenced him to undergo simple imprisonment for three months and also to pay a compensation of Rs. 1,00,000/ - in default to undergo simple imprisonment for two months under Section 357(3) of Code of Criminal Procedure. The petitioner filed Crl. Appeal. No. 220/07 before the Sessions Court, Alappuzha and the learned Sessions Judge dismissed the appeal confirming the order of conviction and sentence passed by the court below. Thereafter, the petitioner filed Crl. R.P. No. 2724/08 before this court and this court by Annexure A1 judgment confirmed the order of conviction, but, confined the sentence to one of fine of Rs. 1,00,000/ - and directed the fine amount if realized be paid to the complainant as compensation in default to undergo simple imprisonment for three months. It is further ordered in the judgment itself that the petitioner can directly pay the amount to the complainant as well within six months and file a memo before the court below to prove that payment. He could not pay the amount within time, but later he had paid the amount and filed a petition before the court below to record the payment and close the case. But, the learned magistrate by impugned order directed the parties to get a direction from this court and accused was released on self bond. So, the petitioner has no other remedy except to approach this court seeking the following relief:

(3.) HEARD the learned Public Prosecutor also.