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2022 (1) TMI 706

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..... necessary entry in the fine register recording the factum of settlement between the parties, as if fine is realised and paid to the complainant - petition disposed off. Application disposed off. - CRL.MC NO. 6699 OF 2021 - - - Dated:- 28-12-2021 - THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FOR THE PETITIONER : BY ADVS. V.JOHN SEBASTIAN RALPH K.J.JOSEPH (ERNAKULAM) VISHNU CHANDRAN RALPH RETI JOHN APPU BABU SHIFNA MUHAMMED SHUKKUR FOR THE RESPONDENT : R1 BY PUBLIC PROSECUTOR SMT.S.REKHA R2 BY ADV C.ANILKUMAR (KALLESSERIL) ORDER The above Crl.M.C is filed by the petitioner who is an accused in C.C.No.340 of 2014 on the file of the Judicial First Class Magistrate Court-III, Ernakulam, for offence punishable under Section .....

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..... A4 order of this Court was to remit the amount of fine in the trial court and since the petitioner has directly paid the amount to the complainant, the court is not in a position to accept the receipt of acknowledgement of money issued by the complainant. It is challenging Annexure-A1 order passed in C.M.P.No.315 of 2021 in C.C.No.340 of 2014 that the present case is filed. In support of the contention the petitioner relies on the judgment of this Court in Sivankutty v. John Thomas (2012(4) KLT 21). 3. Heard the learned counsel appearing for the petitioner and the 2nd respondent as well as the learned Public Prosecutor appearing for the 1st respondent. 4. It is the case of the petitioner that even though in Annexure- A4 order the peti .....

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..... ourt. Now that petitioners have paid the amount to respondent No.1 to their satisfaction, what is required is only to make necessary entries in the fine register that amount of fine is realised and paid to respondent No.1. In the particular facts and circumstances of these cases I direct the learned Magistrate that if respondent No.1 filed a statement within one month from this day in the court concerned through his counsel in that court acknowledging receipt of amount of fine ordered to be paid as per final order disposing of the Revision Petitions, learned Magistrate will accept that as sufficient compliance of direction contained in the orders disposing of the Revision Petitions and make necessary entries in the fine register as if fine .....

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