Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY, THE25H DAY OF OCTOBER20133RD KARTHIKA, 1935 Crl.MC.No. 698 of 2011 ( ) --------------------------- AGAINST THE JUDGMENT
IN CC12682008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,THRISSUR DATED252.2010 PETITIONER/ACCUSED: -------------------------- SIVANANDAN, S/O.NARAYANAN, PARAMEL, LALOOR DESOM, ARANATTUKARA VILLAGE, THRISSUR TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENTS/DEFACTO COMPLAINANT: ----------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
2. RAJAN, S/O.VELAYUDHAN,KARUVAN HOUSE PURANATTUKARA DESOM, PUZHACKAL VILLAGE THRISSUR TALUK. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON2510-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 698 of 2011 ( ) APPENDIX PETITIONER'S ANNEXURES ------------------------------------- A1 : COPY OF THE JUDGMENT
DATED252.2010 IN C.C. NO.1268/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II THRISSUR. RESPONDENTS' ANNEXURES --------------------------------------- NIL //True copy// P.A. TO JUDGE Shg/ K. RAMAKRISHNAN, J.
----------------------------- Crl.MC.No.698 of 2011 ================= Dated this the 25th day of October 2013 ORDER
--------------- This is an application filed by the accused in C.C. No.1268/2008 on the files of the Judicial First Class Magistrate Court-II, Thrissur, to quash the non-bailable warrant issued by the learned Magistrate to enforce the order of sentence passed under Section 482 of the Code of Criminal Procedure.
2. The case of the petitioner in the petition was that the 2nd respondent filed a complaint under Section 138 of the Negotiable Instruments Act (for short, 'the Act'). Thereafter the matter was settled between the parties providing time for payment and on that basis the accused pleaded guilty and the learned Magistrate accepted the plea of guilt and convicted him under Section 138 of the Act and released him on admonition under Section 3 of the Crl.MC.No.698 of 2011 -2- Probation of Offenders Act and further directed to pay Rs.1,50,000/- as compensation to the complainant under Section 5 of the said Act within six months from the date of judgment as per Annexure I judgment. It is further mentioned therein that if the compensation amount is not paid within six months, then he will have to undergo default sentence of three months simple imprisonment. He could not pay the amount and so the 2nd respondent filed Crl.M.P.No. 7965/2010 for executing the order and the learned Magistrate had issued non-bailable warrant. Aggrieved by the same, the present petition has been filed by the petitioner/accused in the case to quash the order. Hence the petition.
3. Though notice was served on the 2nd respondent, he did not appear.
4. The counsel for the petitioner submitted that the matter settled and he had paid the compensation amount to the complainant. So under the circumstances, I feel that the petition can be disposed of with the following directions: Crl.MC.No.698 of 2011 -3- (1) If the petitioner, who is the accused in C.C. No.1268/2008 on the file of the Judicial First Class Magistrate Court-II, Thrissur shall effect payment of the amount within two months from today and produce the receipt for payment before the court below or if he had already paid the amount produce receipt before the concerned Magistrate court regarding satisfaction of the compensation awarded as per Annexure I judgment, then the learned Magistrate is directed to close the proceedings. (2) Till then, the learned Magistrate is directed to keep the execution of the non-bailable warrant issued in abeyance. (3) If the accused fails to pay the amount or produces receipt showing payment of the amount as directed then the magistrate is at liberty to revive the warrant and execute the same in accordance with law. Crl.MC.No.698 of 2011 -4- With the above directions, this petition is disposed of. Communicate this order to the lower court immediately. Sd/- K.RAMAKRISHNAN, JUDGE Shg/