IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18801 of 2008(L)
1. BABY, BATHEL HOUSE,
... Petitioner
Vs
1. P.N. GOPINATHAN, PANIYILETH VEEDU,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.R.KRISHNA RAJ
For Respondent :SRI.N.ASHOK KUMAR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/08/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.C.NO.18801 OF 2008
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Dated 17th August 2009
JUDGMENT
Petitioner is the accused and first
respondent the complainant in C.C.456/2006 on the file
of Judicial First Class Magistrate, Chengannur.
Learned Magistrate sent the case for settlement to
the Adalath. Before the Adalath a settlement was
arrived at between the parties evidenced by Ext.P1
agreement whereunder petitioner has to pay
Rs.2,50,000/- in two instalments. Last instalment
being on 6/3/2008. But no award was passed. It is
admitted case that Rs.1,00,000/- was paid by the
petitioner and received by first respondent on
4/2/2008. But before the last date of payment of
second instalment, some dispute arose between the
parties and the matter could not be compounded. This
petition is filed under Article 227 of Constitution of
India for a direction to the Magistrate to permit the
petitioner to deposit the balance amount of
Rs.1,05,000/- as provided under Ext.P1 agreement.
WPC 18801/08
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2. Learned counsel appearing for petitioner
and first respondent were heard.
3. When learned counsel appearing for
petitioner submitted that if first respondent is not
prepared to accept Ext.P1 agreement, petitioner is
prepared to proceed with the trial on condition that
first respondent shall repay the amount of Rs.1,00,000/-
already received from the petitioner and petitioner
shall be permitted to take back Rs.1,05,000/- deposited
before the trial court as ordered by this court, learned
counsel appearing for first respondent submitted that
first respondent/complainant is prepared to accept
Ext.P1 settlement. Learned counsel submitted that
petitioner is liable to pay interest and cost for the
amount fixed under Ext.P1. It was not acceptable to the
counsel appearing for the petitioner.
5. Learned counsel appearing for petitioner
submitted that as petitioner is liable to pay the
balance of Rs.1,05,000/- after the payment of
Rs.1,00,000/- on 4/2/2008 on or before 6/3/2008 and the
amount was deposited only by the orders of this court,
petitioner is prepared to pay interest for that period.
It was also submitted that failure to pay the balance
WPC 18801/08
3
was not due to the fault of the petitioner but due to
the fault of the first respondent to receive the same.
Learned counsel appearing for first respondent submitted
that if first respondent is prepared to deposit
Rs.1,500/- as interest in addition to the amount already
deposited or pays it directly to the counsel appearing
for first respondent before the trial court, a
direction may be issued to dispose the case accepting
Ext.P1 settlement.
Writ petition is disposed as agreed to by the
parties as follows. If petitioner deposits or pays
Rs.1,500/- to the counsel appearing for first
respondent, learned Magistrate shall dispose the case as
compounded under Section 147 of Negotiable Instruments
Act treating Ext.P1 as petition to compound the offence.
First respondent shall receive Rs.1,500/- tendered by
the petitioner and file a petition before the
Magistrate to compound the offence. Amount of
Rs.1,05,000/- deposited by the petitioner, pursuant to
the order of this court shall be paid to first
respondent/complainant.
M.SASIDHARAN NAMBIAR,
WPC 18801/08
4
JUDGE.
uj.