Subair.M.T vs State Of Kerala
2022 Latest Caselaw 12196 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                     CRL.MC NO. 3806 OF 2022
  AGAINST THE JUDGMENT IN CRL.A.NO.65/2019 OF COURT OF SESSION,
                             PALAKKAD
PETITIONER/RESPONDENT/COMPLAINANT:

          SUBAIR.M.T.
          AGED 35 YEARS
          S/O.MUHAMMEDKUTTY,
          MELETHALAKKAL HOUSE, NELLAYA, CHERPULASSERI,
          P.O.POMPILAYA, OTTAPALAM THALUK, PALAKKAD DISTRICT
          PIN - 679335
          BY ADV. P.JAYARAM


RESPONDENTS/APPELLANT & 1ST RESPONDENT/ACCUSED:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2     BASHEER
          AGED 47 YEARS, S/O. MUHAMMED, PAZHETHODIYIL HOUSE,
          P.T.S DECORATIONS, KUTTIKKODE, P.O.TRIKKADERI,
          OTTAPALAM TALUK, PALAKKD DISTRICT., PIN - 679502
          R1 BY SR.PP-SRI.RENJIT GEORGE


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3806 OF 2022                     2




                                         ORDER

This is a petition, filed under Section 482 of the Code of Criminal Procedure

seeking the following relief:

For the aforesaid and other grounds to be urged at the time of hearing, it is most humbly prayed that the Hon'ble Court may be pleased to direct the Court of Judicial First Class Magistrate-II, Ottapalam to disburse the fine amount, Rs.1,30,000/-, deposited by the accused in S.T.No. 68/2017 to the petitioner herein as compensation u/s.357(1)(b) of the Code of Criminal Procedure.

2. It is submitted by the learned counsel for the petitioner that the 2 nd

respondent, the accused in ST.No.68/2017 on the files of the Judicial First Class

Magistrate Court - II, Ottapalam, was convicted and sentenced by the trial court

for the offence punishable under Section 138 of the Negotiable Instruments Act

and when the matter was taken in appeal, sentence was modified as one confined

to a day till rising of the court and to undergo default imprisonment for a period of

one month by the appellate court, as judgment in Crl.Appeal No.65/2019.

3. The learned counsel would submit further that, since the 2 nd

respondent failed to deposit the amount, he was arrested and detained in custody

for a period of 10 days. Meanwhile, he had deposited Rs.1,30,000/- (Rupees One

Lakh Thirty Thousand only) (the fine amount) and on deposit, he was released

from jail. Now, the learned Magistrate is hesitant to release the fine amount.

Therefore, in the interest of justice, there shall be a direction to the Judicial

First Class Magistrate Court - II, Ottapalam, to release the amount, if any,

deposited, in the circumstances, as submitted by the learned counsel for the

petitioner. If any clarification is required, the learned Magistrate is at liberty to ask

for this Court or else, the amount shall be released, within a period of 7 days.

Sd/-

A. BADHARUDEEN JUDGE Bb

APPENDIX OF CRL.MC 3806/2022

PETITIONER'S ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 25.10.2019 IN CRL.APPEAL NO. 65/2019 ON THE FILES OF THE COURT OF SESSION, PALAKKAD ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT DATED 15.02.2019 IN S.T.NO.68/2017 ON THE FILES OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE- II, OTTAPALAM ANNEXURE A3 TRUE COPY OF THE RECEIPT DATED 18.04.2022 ISSUED TO THE 2ND RESPONDENT HEREIN FROM MUNSIFF COURT, OTTAPALAM SHOWING PAYMENT OF RS.1,04,000/- TOWARDS PART OF THE FINE MOUNT SENTENCED IN ANNEXURE A1 JUDGMENT RESPONDENTS' NIL ANNEXURES

//TRUE COPY//

PA TO JUDGE