IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Crl.MC.No. 3629 of 2009() ------------------------------------ AGAINST THE JUDGEMENT/ORDER IN CRRP.346/2001 DATED 27/05/2009 .................... PETITIONER/REVISION PETITIONER: ---------------------------------------------------- AKKARAMMAL MUHAMMED, S/O.HYDRESS, THANIKUTHU, PALAKKALVETTA P.O., THUVVUR, MALAPPURAM DISTICT. BY ADV. MR.BABU S. NAIR RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. P. DAMODARAN, S/O.KUMARAN NAIR, ELAMKUR, ERNAD TALUK, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. R2 BY PUBLIC PROSECUTOR MR.K.J. MUHAMMED ANSAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3629 OF 2009 =========================== Dated this the 10th day of November,2009 ORDER Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. The conviction was confirmed and sentence was modified by this court in Crl.R.P.346/2001 to imprisonment till rising of court and a compensation of Rs.37,500/- and in default simple imprisonment for three months. Though petitioner was directed to pay the compensation before 29.6.2009, it was not paid. This petition is filed under section 482 of the Code of Criminal Procedure for extension of time. I do not find any reason to extend the time as sought for. As and when the accused appears or is arrested and brought before the Magistrate, he can only be directed to undergo the sentence as modified by this court. If petitioner pays the compensation amount, he cannot be directed to undergo the default sentence and can be directed to undergo only the imprisonment till rising of court. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006