IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Crl.MC.No. 2398 of 2009 -------------------------------- ST.988/2006 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... PETITIONER(S): ACCUSED -------------------------------------- M.K.ALI, AGED 67 YEARS,S/O.MOHAMMED HAJI, RESIDING AT MANNITHODIKURKKANPURATH, NEAR PALLIPPADI,L.P.SCHOOL,KIZHOPARAMBA P.O., AREEKODE,MALAPPURAM DISTRICT. BY ADV. SRI.AVM.SALAHUDIN SMT.P.Y.SHEHEERA RESPONDENT(S)/STATE & COMPLAINANT: ----------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. MUTHOOT LEASING AND FINANCE COMPANY LTD. COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT MUTHOOT CHAMBERS, OPPOSITE SARITHA THEATRE COMPLEX,BANERJI ROAD, KOCHI-682018,REP.BY ITS LEGAL OFFICER. PUBLIC PROSECUTOR SRI.B.VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2398 OF 2009 =========================== Dated this the 23rd day of July,2009 ORDER This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings initiated by the Judicial First Class Magistrate-III, Kochi in execution of the sentence as modified by Additional Sessions Judge, Ernakulam in Crl.A.831/2007. The case of the petitioner is that when the Additional Sessions Judge modified the sentence and compensation was reduced and no default sentence was awarded, learned Magistrate is not entitled to issue a non- bailable warrant in execution of the sentence. 2. On hearing the learned counsel, I find no reason to interfere with the proceedings initiated by the learned Magistrate. Under Annexure A1 judgment learned Magistrate sentenced the petitioner to imprisonment as well as the compensation with a default sentence. As is clear from Annexure A2 judgment of the appellate court, the sentence of imprisonment was set aside and the quantum of compensation was reduced. The judgment does not show that the learned Sessions Judge Crl.M.C..2398/2009 2 considered the question whether the default sentence awarded by the Magistrate is to be modified or not. Instead only the quantum of compensation was reduced. In that case the default sentence awarded by the Magistrate will stand. If that be so, learned Magistrate is competent to execute the sentence with the default sentence. The validity of a sentence to pay a compensation alone, without a sentence of imprisonment or fine by the appellate court is not to be considered in this petition especially when a revision is pending against the judgment. Petition is dismissed. Petitioner is at liberty to approach the revisional court for appropriate relief. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006