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2012 Supreme(Ker) 922

P.BHAVADASAN, M.SASIDHARAN NAMBIAR
Sivankutty – Appellant
Versus
John Thomas – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Suraj Kumar, P. Krishnakumar, Sunil J. Chakkalackal, C.A. Chacko

ORDER :

1. Crl. M. Cs filed by two convicted accused, were referred by learned Single Judge doubting the correctness of the decision in Beena Vs. The Union of India (UOI) and The Central Bank of India, (2010) 2 KLT 1017. In that case conviction for the offence under S. 138 of Negotiable Instruments Act was challenged in Crl.R.P. 1820/2009. The revision was disposed confirming the conviction but modifying the sentence to imprisonment till rising of court and payment of fine. The accused thereafter filed an application seeking a direction to the Magistrate to compound the case contending that the matter has been settled with the complainant after disposal of the revision. The learned Single Judge by the said decision reported in Beena's case (supra) found that after the disposal of the Revision Petition, composition cannot be allowed even under S. 482 of Code of Criminal Procedure. It was then considered whether the payment of compensation and realisation of fine could be recorded based on the payment. Learned Single Judge found that proper procedure for the accused was to deposit the fine in court and thereafter for the court to pay the amount to the complainant as the compensation i











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