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ABDUL MAJEED, AGED 35 YEARS v. M/S.KASARAGOD SELF EMPLOYEES FINANCING - Crl MC No. 2485 of 2007  RD-KL 14844 (3 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 2485 of 2007()
1. ABDUL MAJEED, AGED 35 YEARS,
1. M/S.KASARAGOD SELF EMPLOYEES FINANCING
2. THE STATE OF KERALA,
For Petitioner :SRI.T.MADHU
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, JCrl.M.C.No.2485 of 2007
Dated this the 3rd day of August, 2007
O R D E RThe 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/- Crl.M.C.No.2485 of 2007 3
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