IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Crl.MC.No. 3752 of 2008() ----------------------------------- CC.1043/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER/ ACCUSED ------------------- SHEEJA SAMAD, W/O. SAMAD, SHAHAL MANZIL, NIRANAM VADAKKUBHAGAM, THIRUVALLA. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS ---------------------- 1. JOH.P. VARGHESE, S/O. A.C.VARGHESE, VAZHAYIL HOUSE, VALANJAVATTOM P.O., THIRUVALLA. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.E.A.BIJUMON FOR R1 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3752 of 2008 ---------------------------------------- Dated this the 7th day of October 2008 O R D E R The petitioner, a woman, has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. She faces a sentence of imprisonment till rising of court and to pay an amount of Rs.1,00,000/- as compensation. In default, there is a direction to undergo S.I for a period of one month. The petitioner was directed to appear before the learned Magistrate on 14/9/2007 to receive the sentence. The petitioner did not appear before the learned Magistrate as directed. It is reported that the entire compensation amount has already been paid to the complainant. If that be so, I fail to understand why the petitioner has come to this court with this petition. If the petitioner and the complainant would report to the court that the compensation amount has already been paid, there can be no question of the default sentence being executed against her. The position has been made crystal clear in Girish v. Muthoot Capital Service (P) Ltd. [2007(1) KLT 16]. The petitioner ought to have Crl.M.C.No.3752/08 2 appeared on 14/09/2007. Even if he did not appear on 14/09/2007, his liability is only to undergo imprisonment till rising of court. I find this petition to be totally unnecessary. The petitioner can appear before the learned Magistrate along with the complainant and if the learned Magistrate is satisfied that the compensation amount has already been paid, the petitioner shall be liable only to undergo the substantive sentence of imprisonment. 2. This petition is accordingly dismissed with the above observations. (R.BASANT, JUDGE) jsr Crl.M.C.No.3752/08 3 Crl.M.C.No.3752/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008