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TMI Blog2012 (6) TMI 919X X X X Extracts X X X X X X X X Extracts X X X X ..... position 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 is payable under S. 357(1)(b) of the Code, after making necessary entries in the fine register of the Court. But on the facts of that case the learned Single Judge noted that the accused had already paid the amount to the complainant to his satisfaction and in such circumstances, directed the Magistrate to accept the statement to be filed by the complainant through his lawyer acknowledging the receipt of the amount of fine and directed to make necessary entries in the fine register that the fine is realised and paid to the complainant. Crl. M. C. 2202/2011 was filed by the accused in S.T. 1211/2005 of Judicial First Class Magistrate, Nedumkandam who was convicted and sentenced to simple imprisonment for one year and compensation of Rs.1,50,000/- to be paid to the first respondent complainant and in default ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f amount due to him stating that he had received it from the petitioner by the Magistrate". 3. When these petitions came up before the learned Single Judge, by separate orders reference was made to the Division Bench doubting the correctness of the decision in Beena's case (supra). According to the learned Single Judge R. 191 of Criminal Rules of Practice mandates maintaining a fine register in Form No. 20 and R. 192 mandates that every fine as soon as it is imposed shall be recorded in the said register and the entry shall at once be initialed by the Judge or Magistrate in the appropriate column. Holding that R. 193 mandates that payment towards fine shall be received by the clerk authorised for the purpose in the presence of the Judge or Magistrate and acquittance receipts in Administrative Form No. 42 signed by the Judge or Magistrate himself shall be granted who, when signing them shall initial the record of payment in the appropriate column of the fine register, it was found that if the procedure provided in Beena's case (supra) is to be followed in every case, it may lead to a further judicial enquiry regarding the payment and there is a possibility to make shad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d either to deposit the said fine amount before the Court below or directly pay the compensation to the complainant within five months from today and produce a memo to that effect before the trial court in case of direct payment. Therefore, order of this court provides for payment of compensation directly to the complainant and produce a memo to that effect before the trial court. The only defect is that he did not pay or deposit the amount within the time provided under the said judgment. But that does not mean that the sentence will be altered. The sentence will continue to be a sentence of fine, which could be paid either to the court or directly to the complainant and in default to undergo simple imprisonment for three months. When the revisional order itself permits the petitioner to pay the amount directly to the complainant, we do not find any reason to doubt the correctness of Beena's case in Crl. M. C. 529/2012. 6. Still as the question was referred to the Division Bench, we consider it necessary to answer the question, R. 191 of Criminal Rules of Practice provides for maintenance of register of fines. Under the Rule the account of fine imposed, levied and refunded s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tled to the compensation or other sum, on such party producing before the Treasury officer an order for payment issued under Rule 200. 8. Form No. 20 is the register of fine imposed, levied and refunded as provided under R. 191. First column is for recording the date of imposition of the fine. The second column is for the number of the case. Third column is for the name of the accused. Column Nos. 4 to 8 are in respect of the demands. That is balance uncollected in case of previous months or fine imposed in case of current month. Column No. 4 is to enter the details of the amount, fines to be credited to the Government and column No. 5 the amount and column No. 6 the name of the Body or Association concerned and the provisions of law under which the fine is imposed. Column No. 7 is for compensation awarded under Sections 250357 or 358 of Code of Criminal Procedure and compensation and all other sums recoverable like fines which cannot be entered in columns 4 or 5. Column No. 8 is for the initials of Judge or Magistrate. Column No. 9 and 10 are for entering the details of collections. Column No. 9 is for entering the details of the amount collected. Column No. 10 is for entering th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... funded with reference to the memo submitted, with the necessary details in the remarks column with the initial of the Judge or the Magistrate concerned. Similarly, if compensation is payable under S. 357(1) of Code of Criminal Procedure and there is a direction to pay whole of the fine realised, as compensation to the complainant or to the party, as and when fine is deposited in court and entries are made in the register and fine is credited to Sub Treasury, it is to be paid to the complainant as compensation as and when he applies for the same. But if the Court permits payment of fine as compensation to the complainant directly, it enables the accused to pay the entire fine as compensation directly to the complainant, as is the case with the sentence in C.C. 785/2003, the Magistrate cannot insist that fine is to be paid in Court and it cannot be paid directly to the complainant and is to be paid to the complainant only after making necessary entries in Form No. 20. In such a case when the statement is filed by the complainant regarding satisfaction of the compensation, the Magistrate has to make necessary entry in Form No. 20, based on that statement, as in the case of compensatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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