9911796707
TMI Blog2022 (1) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... r Annexure-A2 judgment convicted and sentenced the petitioner to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 7,17,000/- with a default clause of three months. The appeal filed by the petitioner as Crl.Appeal No.148 of 2017 on the file of the Additional Sessions Court-V, Ernakulam was dismissed as per Annexure-A3 judgment. The Criminal Revision Petition filed by the petitioner as Crl.R.P.No.41 of 2020 was disposed of as per Annexure-A4 order by affirming the conviction but modifying the sentence of simple imprisonment for one year as a sentence to pay fine of Rs. 7,17,000/- and in default of payment of fine, to undergo simple imprisonment for a period of three months. The petitioner/accused was granted a per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount directly to the complainant who is the 2 nd respondent herein. 5. The learned counsel appearing for the 2nd respondent submitted that she has received the entire amount of compensation and has also issued a receipt acknowledging reception of the amount. Further that, the 2nd respondent has also filed an affidavit before this Court as Annexure-A5 stating that she has received the entire amount of compensation and a receipt has been issued by her. 6. This Court has occasion to consider a similar issue in Beena v. Balakrishnan (2010 (2) KLT 1017) and held as follows: "5. That however, cannot be the end of the matter so far as grievance of petitioners is concerned. According to the petitioners they have already paid amount payab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of arrest if any issued against petitioners will stand in abeyance during the said period of one month or statement is filed in the court concerned and necessary entry in the fine register is made, whichever is earlier." Doubting the correctness of the decision cited supra, a reference was made by this Court which culminated in the judgment in Sivankutty's case (supra) which is relied on by the petitioner in support of her contention. In Sivankutty's case (supra) this Court found that there is no error or defect in the direction given in Beena's case (supra) and held thus: ".............. But if the Court permits payment of fine as compensation to the complainant directly, it enables the accused to pay the entire fine as com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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