Kerala High Court
Prasanna Kumar M.A vs State Of Kerala on 10 December, 2014
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 10TH DAY OF DECEMBER 2014/19TH AGRAHAYANA, 1936
Crl.MC.No. 7021 of 2014
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AGAINST THE JUDGMENT IN CRL.A NO. 315/2009 OF THE ADDL.
DISTRICT AND SESSIONS COURT (ADHOC)-II, PATHANAMTHITTA
IN ST 199/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-
II, PATHANAMTHITTA
PETITIONER:
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PRASANNA KUMAR M.A
S/O.ARJUN NAIR, MELATHIL HOUSE,
MYLAPARA TOWN.P.O,
PATHANAMTHITTA, KERALA.
BY ADV. SRI.M.R.SASITH
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM. 682 031.
2. JINU PHILIP
PANAMUTTIL HOUSE, MEKKOZHOOR.P.O,
PATHANAMTHITTA. 675 001.
R2 BY ADV. SRI.V.VINAR
R1 BY PUBLIC PROSECUTOR SMT.P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10-12-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No. 7021 of 2014
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1: COPY OF THE JUDGMENT IN CRL.A. NO.315/2009 OF THE
ADDL. DISTRICT AND SESSIONS JUDGE, ADHOC-II, PATHANAMTHITTA
ANNEXURE A2: COPY OF THE JUDGMENT IN CRL.R.P NO.873/2011
ANNEXURE A3: COPY OF THE ORDER IN CRL.M.A NO.7112/2011.
ANNEXURE A4: COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT.
RESPONDENT'S ANNEXURES:
NIL
//TRUE COPY//
P.A TO JUDGE
ab
P.UBAID, J.
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Crl.M.C No.7021 of 2014
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Dated this the 10th day of December, 2014
O R D E R
The petitioner herein stands convicted and sentenced under Section 138 of the Negotiable Instruments Act. The conviction was confirmed in appeal, and also in revision before this Court. However, this Court modified the sentence, reducing the substantive sentence to imprisonment till rising of the court, and directed the petitioner to make payment of compensation of 2,70,000/- to the complainant under Section 357(3) of the Code of Criminal Procedure. Time for payment was later extended by this Court. Still the petitioner could not make payment in time. He did not surrender before the trial court also. Now he has come before this Court for a direction to the court below under Section 482 of the Code of Criminal Procedure to record payment of compensation and to permit him to serve out the sentence till rising of the Court. He says that he has made payment of compensation to the complainant directly. The complainant is represented by counsel. The learned counsel for the complainant submits that the complainant has received the amount directly from the petitioner. Still the matter requires some procedure, and payment will have to be recorded in the Crl.M.C No.7021 of 2014 2 proceeding in the trial court. In view of the decisions of this Court in Beena V. Balakrishnan Nair and another (2010(2) KHC 851) and Sivankutty v. John Thomas and another (2012(3) KHC 676) the petitioner can be permitted to surrender before the trial court to serve out the sentence and make application to record payment of compensation in the proceeding. He will have to surrender within a short period of seven days and make application. True, it is that, payment is admitted before this Court. Still as a procedural formality, the petitioner will have to make application to record payment of compensation, and convince the learned Magistrate that he has made payment of compensation directly. If the payment is so proved, it will have recorded by the learned Magistrate.
In the result, this Criminal Miscellaneous Case is closed with direction to the court below that in case the petitioner surrenders within a period of seven days from this date to serve out the sentence and make application for recording payment of compensation, it shall be entertained, and if payment is proved, it shall be recorded in the proceeding.
P.UBAID JUDGE ab