IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Crl.MC.No. 2713 of 2008() ------------------------- CC.6/2002 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: ACCUSED NO.1 ------------------------ KUNNATH PATHUTTY, MUKRI HOUSE, MUTTIL P.O., KUTTAMANGALAM, WAYANAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE UNION OF INDIA, REPRESENTED BY THE ASSISTANT COMMISSIONER, AIR CUSTOMS, CALICUT AIRPORT - THROUGH THE ASSISTANT SOLICITOR GENERAL, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2713 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2008 O R D E R In this Crl.M.C. the short prayer of the petitioner is that she may be granted set off under Section 428 Cr.P.C. for the default sentence imposed on her. The prayer is obviously not maintainable in the light of the clear language of Section 428 Cr.P.C. The Parliament has by an amendment made it clear that set off under Section 428 Cr.P.C. cannot be granted against a default sentence for non-payment of fine. In these circumstances the prayer cannot be accepted. This Crl.M.C. deserves to be dismissed. 2. The learned counsel for the petitioner submits that the petitioner may be given breathing time to prefer an appeal against Annex.B judgment and till then the execution of the default sentence may be stayed. It is for the petitioner to take necessary steps immediately if she wants to challenge Annex.B judgment. To facilitate that I am not satisfied that any further time need be Crl.M.C.No. 2713 of 2008 2 granted by this Court. Needless to say, the petitioner shall be at liberty to prefer an appeal against Annex.B judgment and the same shall be considered in accordance with law, subject of course to the law of limitation. 3. This Crl.M.C. is dismissed. (R. BASANT) Judge tm