Reghunathan vs K.Radhakrishnan And Another
2024 Latest Caselaw 29541 Ker

Kerala High Court

Reghunathan vs K.Radhakrishnan And Another on 17 October, 2024

CRL.A NO. 1809 OF 2007

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                                                          2024:KER:77021
                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

     THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                             CRL.A NO. 1809 OF 2007

         AGAINST     THE    ORDER   OF   ACQUITTAL    DATED   22.03.2003   IN

CC   NO.1489   OF    1998   OF   JUDICIAL    MAGISTRATE OF FIRST CLASS -I,

ALAPPUZHA

APPELLANT/COMPLAINANT:

             REGHUNATHAN, KARIPURATH VEEDU,
             PONNADU P.O., MANNANCHERRY, ALAPPUZHA.


             BY ADV SRI.R.BINDU (SASTHAMANGALAM)

RESPONDENTS/ACCUSED & STATE:

     1       K.RADHAKRISHNAN, "VASANTHAM"
             KANJIKKUZHY PANCHAYATH,, MUHAMMA P.O.

     2       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,, HIGH COURT OF
             KERALA, ERNAKULAM.


             BY ADV SRI.C.V.MANUVILSAN

OTHER PRESENT:

             PP - Seena .C

     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 1809 OF 2007

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                                                           2024:KER:77021
                       J U D G M E N T

This appeal is at the instance of the complainant in

C.C. No. 1489 of 1998 on the file of Judicial First Class

Magistrate Court -I, Alappuzha, against acquittal of the

accused, in a complaint filed by him under Section 138 of the

Negotiable Instruments Act, and also against imposition of

compensation of Rs.3,000/- on him, for filing a false

complaint, as per judgment dated 22.03.2003.

2. When the appeal was taken up for hearing on

15.10.2024, learned counsel for the appellant submitted that,

he is not pressing this appeal against acquittal of the accused,

but he wanted to challenge the compensation ordered by the

trial court. Subsequently, on verification, learned counsel for

the appellant submitted that, the appellant had already paid

the compensation amount of Rs.3,000/- to the

1st respondent/accused as ordered by the trial court. Learned

counsel for the 1st respondent was directed to get instructions,

as to the payment of compensation. But he failed to get any

instructions on that. Even if the 1st respondent has got a case

that the compensation amount of Rs.3,000/- was not paid by CRL.A NO. 1809 OF 2007

2024:KER:77021 the appellant, he is at liberty to approach the trial court, and if

the appellant fails to pay, the trial court can execute the default

sentence.

So nothing survives to be decided in this appeal, and

hence the appeal is dismissed.

SD/-

SOPHY THOMAS JUDGE RMV