IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2485 of 2007()
1. ABDUL MAJEED, AGED 35 YEARS,
... Petitioner
Vs
1. M/S.KASARAGOD SELF EMPLOYEES FINANCING
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SRI.T.MADHU
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :03/08/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.2485 of 2007
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Dated this the 3rd day of August, 2007
O R D E R
The petitioner has been found guilty, convicted and sentenced in
a prosecution under Section 138 of the Negotiable Instruments Act.
This Court sitting in revision upheld the verdict of guilty and conviction
but modified the sentence imposed. The petitioner now faces a
substantive sentence of imprisonment till rising of court. He was
further directed under Section 357(3) Cr.P.C `to pay’ an amount of
Rs.1,45,000/- as compensation and in default to undergo S.I for a
period of two months.
2. According to the petitioner, the entire amount due to the
complainant has already been paid and discharged. The complainant
is willing to report that fact to the learned Magistrate. But the
petitioner apprehends that in as much as there are certain further
observations in the order passed in revision which might suggest that
the compensation amount has to be deposited before court, the
learned Magistrate may send him to prison in execution of the default
sentence when he surrenders.
3. I am satisfied that a clarification deserves to be issued. In
the operative portion in para.7 of the revisional order, the specific
Crl.M.C.No.2485 of 2007 2
direction was only `to pay’ an amount of Rs.1,45,000/-. If such
payment has been made, the petitioner along with the complainant
can report the fact to the learned Magistrate and thereupon the
learned Magistrate should not execute the default sentence.
4. This Crl.M.C is, in these circumstances, allowed. Direction
is issued to the learned Magistrate that if the learned Magistrate is
satisfied on the submission of the complainant that the compensation
amount of Rs.1,45,000/- has been paid by the accused to the
complainant, the learned Magistrate should not proceed to execute
the default sentence notwithstanding the fact that such amount has
not been deposited but has only been paid.
5. Hand over a copy of this order to the learned counsel for
the petitioner today itself.
(R.BASANT, JUDGE)
rtr/-
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