BALACHANDRAN N V Vs. GEORGE CHERIAN

JUDGEMENT

(1.) The petitioner is accused in C.C. 547/2000 on the file of the Judicial First Class Magistrate's Court-I, Tamarassery for offence under Section 138 of the N.I. Act. The prayer in this Crl.M.C. is to call for the records leading to C.C. 547/2000 on the file of the Judicial First Class Magistrate's Court-I, Tamarassery and to declare that the sum ordered as compensation under Section 357(3) Cr.P.C. by the Judicial First Class Magistrate's Court-I Tamarassery in the said case shall be taken into account and credited while executing any decree relating to the same subject-matter and permit the petitioner to appear before the Judicial First Class Magistrate's Court-I, Tamarassery to suffer the sentence in C.C.547/2000 on a day fixed by this Court. An amendment application has been filed by the petitioner as Crl.M.A. No. 3257/06 wherein the petitioner has sought permission to incorporate after prayer No. 3 prayer Nos. 4 and 5 and that stands allowed. The fourth prayer is to declare that the amount of Rs. 2,20,000/- directed to be deposed as compensation in C.C. 547/2000 will be reckoned or considered as deposited by the petitioner since he has deposited the whole decree amount with interest as per Annexure-D receipt in O.S.67/03 before the Principal Sub-Court, Kozhikode relating to the same cheque and subject-matter. Prayer No. 5 is to direct the Judicial First Class Magistrate's Court-I, Tamarassery to reckon the deposit made as per Annexure-D receipt in O.S. 67/03 on the file of the Sub Court, Kozhikode as due deposit and payment of compensation directed to be paid in C.C.547/2000 aforesaid.

(2.) Though notice was served on the first respondent/complainant, there is no appearance for the first respondent. The amount of compensation ordered to be paid as per the judgment in C.C.547/2000 as finally modified by the judgment of this Court dt. 16.8.04 in Cri.R.P. 2021/04 is Rs. 2,20,000/- whereas Annexure-C decree passed in OS.67/03 by the Sub-Judge, Kozhikode is to pay an amount of Rs. 3,08,000/- with interest at the rate of 6% from the date of suit (29.1.2003) till realisation. The amount as calculated by the petitioner in Crl.M.A.No. 3257/06 filed on this day in compliance with the said decree shows that the total amount to be paid as on 17.6.06 is Rs. 4,02,414/-. The said amount of Rs. 4,02,414/- is deposited by the petitioner before the Sub-Court, Kozhikode in O.S.67/03 and Photostat copy of receipt thereof is produced as Annexure-D before this Court and the original itself is placed before me for perusal and comparison. I am convinced that Annexure-D is a true photostat copy of the original receipt No. 79 dt. 17.6.06 in Form No. 65 issued by the Principal Sub-Judge, Kozhikode. The original is returned to the counsel for the petitioner after verification.

(3.) In view of the deposit of Rs. 4,02,414/- inclusive of the cheque amount, interest, cost etc. in O.S.67/03 on the file of the Sub-Court, Kozhikode, no further payment need be made by way of compensation as ordered by this Court vide Annexure-A judgment in Crl.R.P. 2021/04 and the deposit made before the Civil Court satisfies the direction to pay an amount of Rs. 2,20,000/- by way of compensation under Section 357(3) of the Cr.P.C. What remains is for the petitioner to undergo the sentence of imprisonment till rising of court. The petitioner is at liberty to produce a copy of this order and surrender before the Magistrate concerned in the fore-noon on any day prior to 10.7.2006 to suffer the sentence of imprisonment till rising of court.