IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Crl.MC.No. 1346 of 2009 ------------------------------- AGAINST THE ORDER IN CRRP.290/2007 CC.106/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S): ACCUSED ------------------------------------- SWAPNA PALLAN, AGED 34 YEARS, W/O.JIJU PALLAN, RESIDING AT PALLATH HOUSE, SOUTH JANATHA ROAD END, SREENARAYANAN DEVI ROAD, KARANAKODAM, PALARIVATTOM, KOCHI-25. BY ADV. SRI.AGINOV MATHAPPAN RESPONDENT(S): COMPLAINANTS & STATE --------------------------------------------------------------- 1. T.J.JOHNY, AGED 57 YEARS, S/O. JOSEPH, THOTTIMGAL HOUSE, THURAVOOR KARA, THURAVOOR VILLAGE, ALUVA TALUK. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.MATHEW SKARIA FOR R1 PUBLIC PROSECUTOR SRI.THOMAS AMBOOKAN FOR R2. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1346 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Under Annexure-I order, revision petition was allowed in part confirming the conviction as well as sentence of imprisonment till rising of court. Petitioner was also directed to pay compensation of Rs.3,87,000/- under Section 357(3) of Code of Criminal Procedure and in default, simple imprisonment for one month. Petitioner was directed to appear before the Magistrate and to pay compensation within five months. This petition is filed under Section 482 of Code of Criminal Procedure for permission to appear before the Magistrate on a day to be specified to receive the sentence. 2. Learned counsel appearing for the petitioner and first respondent were heard. CRMC 1346/09 2 3. I find no reason to fix any date as sought for. Sentence as modified is imprisonment till rising of the court and payment of compensation. It is for the petitioner to appear and receive the sentence. When substantive sentence is imprisonment till rising of the court, he can only be directed to undergo the said sentence. If the petitioner appears and produces proof for payment of compensation, he cannot be directed to undergo the default sentence. Hence, petition is dismissed. 14th July, 2009 (M.Sasidharan Nambiar, Judge) tkv