IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Crl.MC.No. 800 of 2008() ------------------------ ST.632/2003 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA CRA NO. 168 OF 2006 OF THE SESSIONS JUDGE, PATHANAMTHITTA .................... PETITIONER: ------------ HAFSATH, MOOLATHARAYIL PADINJATTATHIL, SOORANAD P.O., KOLLAM DISTRICT. BY ADV. SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON RESPONDENTS: ------------- 1. M/S.N.K.R. CHIT (INDIA) PVT. LTD., PATHANAMTHITTA, REPRESENTED BY MANAGING DIRECTOR, K.MOHAMMED SHERIEF, ANAPPARA, KOLLAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, SOORANADU. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 800 of 2008 * * * * * * * * * * * * * * * * * * Dated: 6-3-2008 ORDER Petitioner who is the accused in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a a cheque for Rs. 1,84,580/- was concurrently convicted by the courts below. The conviction was confirmed by this Court also in Crl. R.P. No. 2671 of 2007. This Court was however indulgent enough to grant the petitioner four months' time to pay the compensation amount. The compensation under Sec. 357 (3) Cr.P.C. by itself cannot form a sentence under law. It has to be combined with a sentence of imprisonment or fine. That is why the petitioner was directed to undergo imprisonment till the rising of the Court. The contention of the petitioner that on default to pay the compensation, it can only be recovered as if it were fine and no arrest warrant can be issued and the warrant already issued against the petitioner is illegal, cannot be sustained at all. 2. Imprisonment till rising of the Court is definitely part -:2:- of the sentence without which no compensation can be ordered under Section 357 (3) Cr.P.C. The Magistrate was perfectly justified in issuing non-bailable arrest warrants on account of the default committed by the petitioner to pay the compensation. The prayer for a declaration that the warrants issued against the petitioner are illegal, cannot be granted. The learned counsel for the petitioner made a fervent plea for enlargement of time. The petitioner is given three weeks' time from today to comply with the direction in the final order dated 12-7-2007 in Crl.R.P. No. 2671 of 2007. In case, the petitioner complies with the direction within the extended time as granted hereinabove, he then need undergo only imprisonment till rising of the Court and no other sentence is imposed. V. RAMKUMAR, (JUDGE) ani. -:3:-