Kerala High Court
Crl.MC/8983/2017 of R.SIMON Vs STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 Crl.MC.No.8983 of 2017 () ------------- (ORDER IN CRL.A. NO.61/2010 ON THE FILES OF IVTH ADDITIONAL SESSIONS COURT, ERNAKULAM DATED 17-08-2010 ORDER IN CC
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
Crl.MC.No.8983 of 2017 ()
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(ORDER IN CRL.A. NO.61/2010 ON THE FILES OF IVTH ADDITIONALSESSIONS COURT, ERNAKULAM DATED 17-08-2010
ORDER IN CC NO.1013/2005 ON THE FILES OF J.M.F.C.-I, MUVATUPUZHA.)
PETITIONER/ACCUSED:
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R.SIMON, S/O. RETHINARAJ,
LEKSHMI KOVIAL LANE ESTATE,
LEKSHMI KOVIL, PEERUMEDU, IDUKKI DISTRICT.
BY ADVS.SRI.K.RAMACHANDRAN
SRI.T.P.PRADEEP
SRI.S.SREEDEV SRI.P.K.SATHEES KUMAR
RESPONDENTS/COMPLAINANT:
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1.STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.
2.PREMIER AUTO CREDITS PRIVATE LTD.,ARAMANA JUNCTION, MUVATTUPUZHA,REPRESENTED BY POWER OF ATTORNEY HOLDER,SRI. P. K. JANARDHAN NAIR, S/O. PARAMESWARAN NAIR,KOTHALINGARA, VRINDHAVAN HOUSE, ANGAMALY, ERNAKULAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SRI. C. K. PRASAD.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSIONON 29-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8983 of 2017 ()
APPENDIX
PETITIONER'S ANNEXURES:
A1:-CERTIFIED COPY OF THE JUDGMENT DATED 27.08.2010 INCRL.APPEAL NO.61/2010 ON THE FILES OF THE IVTH ADDITIONALSESSIONS COURT, ERNAKULAM.CRL.APPEAL NO.61/2010 ON THE FILES OF THE IVTH ADDITIONALSESSIONS COURT, ERNAKULAM.
A2:-TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENTACKNOWLEDGING THE APPLICATION OF DISPUTE WITH THEPETITIONER DATED 08.04.2013.ACKNOWLEDGING THE APPLICATION OF DISPUTE WITH THEPETITIONER DATED 08.04.2013.
A3:- TRUE COPY OF THE COMPOUNDING PETITION FILED UNDER SECTION147 OF THE NEGOTIABLE INSTRUMENTS ACT READ WITH SECTION 320OF THE CODE OF CRIMINAL PROCEDURE ENTERED INTO BETWEEN THEPETITIONER AND THE 2ND RESPONDENT.147 OF THE NEGOTIABLE INSTRUMENTS ACT READ WITH SECTION 320OF THE CODE OF CRIMINAL PROCEDURE ENTERED INTO BETWEEN THEPETITIONER AND THE 2ND RESPONDENT.
RESPONDENT'S ANNEXURES:
NIL
KRJ
/TRUE COPY/
P.A. TO JUDGE
RAJA VIJAYARAGHAVAN V., J
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Crl.M.C. No. 8983 of 2017
= = = = = = = = = = = = = = = = = =Dated this the 29[th] day of December, 2017
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ORDER
1. This petition is filed under Section 482 of the Code of CriminalProcedure.Procedure.
2. On a complaint filed by the 2[nd] respondent herein, thepetitioner herein was prosecuted under Section 138 of theNegotiable Instruments Act. By judgment dated 21.12.2009 inC.C.No.1013/2005, the petitioner was convicted and he wassentenced to undergo imprisonment till rising of the court andto pay Rs.70,350/- as compensation and in default, to undergosimple imprisonment for one month. petitioner herein was prosecuted under Section 138 of theNegotiable Instruments Act. By judgment dated 21.12.2009 inC.C.No.1013/2005, the petitioner was convicted and he wassentenced to undergo imprisonment till rising of the court andto pay Rs.70,350/- as compensation and in default, to undergosimple imprisonment for one month.
3. Against the said finding, the petitioner preferred Crl.A.No.61/2010 before the Additional Sessions Court-IV,Ernakulam. The learned Sessions Judge confirmed the findingsof the trial court by judgment dated 17.08.2010. No.61/2010 before the Additional Sessions Court-IV,Ernakulam. The learned Sessions Judge confirmed the findingsof the trial court by judgment dated 17.08.2010.
4. The petitioner did not remit the compensation nor did heappear before the learned Magistrate and suffer the sentenceimposed of imprisonment till rising of the court. However,appear before the learned Magistrate and suffer the sentenceimposed of imprisonment till rising of the court. However, Crl.M.C.8983/17
Facts
according to the petitioner, he had settled the disputes withthe 2[nd] respondent and paid the entire amount which has beenordered to be paid as compensation. He learned counsel refersto Annexure-A2 purportedly issued by the 2[nd] respondent tosubstantiate his contention.
5. According to the petitioner, he is now willing to appear beforethe learned Magistrate to undergo the substantive sentence ofimprisonment till rising of the court. His prayer that he bespared of undergoing the default sentence of imprisonment tillrising of the court. The learned counsel also refers to thecompounding petition signed by both the petitioner as well asthe 2[nd] respondent, wherein it has been stated by thecomplainant that he has received the entire amount due.
6. I have considered the submissions advanced. In view of the fact that the compensation amount has been paid directly tothe complainant, I am of the view that appropriate directionscan be issued under Section 482 of the Code.the complainant, I am of the view that appropriate directionscan be issued under Section 482 of the Code.
This petition is accordingly allowed and it is ordered that if thepetitioner appears before the learned Magistrate along with thepetitioner appears before the learned Magistrate along with the Crl.M.C.8983/17
de facto complainant and if the petitioner satisfies the learned Magistrate that the amount ordered to be paid ascompensation has already been paid and the same has beenreceived by the de facto complainant, the learned Magistrateshall reckon the same as sufficient compliance and thepetitioner shall not be obliged to undergo the default sentence.He shall however undergo imprisonment till rising of the courtas ordered by the courts below. Having regard to the facts,the warrant, if any, against the petitioner herein shall be keptin abeyance for a period of ten days.
krj.29/12
Sd/-Raja Vijayaraghavan V., Judge