RAJAGOPAL GOPALA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. The verdict of guilty, conviction and sentence has now become final with the disposal of the revision petition by this court. The petitioner faces a sentence of fine of Rs.2,00,000/-. The cheque was for an amount of Rs.2,00,000/- Default sentence is also imposed. The entire fine amount, if realised, is directed to be paid to the complainant as compensation under Section 357(1) Cr.P.C.

(2.) The sentence is to pay fine and therefore ordinarily and normally, the petitioner must have remitted the fine amount in court and it was for the court to release the amount to the complainant under Section 357(1) Cr.P.C. Instead, the petitioner claims that an amount of Rs.2,00,000/- was paid by him directly to the complainant. The learned Magistrate is taking steps to execute the default sentence in as much as the fine amount has not been paid before the learned Magistrate. In these circumstances, the petitioner, along with the complainant, has come before this court. They pray that they may be permitted to compound the offence at the post revision stage, by invoking the dictum in Sabu George v. Home Secretary [2007(1) KLT 982].

(3.) The respondent has entered appearance through counsel. The parties have filed a joint application. The receipt of the entire amount is acknowledged by the complainant in such joint application.