IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.MC.No. 2043 of 2008() ------------------------- CC.1622/1999 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONER: ACCUSED ------------------- BINU MOSES, S/O.MOSES, KOLLAMKUDY HOUSE, KARUKULAM, VILANGU. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.D.SHAJU, MADAPPILLIL HOUSE, OORAKKADU, EDATHALA. BY PUBLIC PROSECUTOR SRI.K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2043 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act. The petitioner has been sentenced to undergo S.I. for a period of three months. There is also a direction under Section 357(3) Cr.P.C. to pay compensation. The learned counsel for the petitioner submits that no default sentence has been imposed by the learned Magistrate. 2. According to the petitioner, he has already undergone the substantive sentence of imprisonment for three months. What remains is only the payment of compensation. According to the petitioner, in as much as no default sentence has been imposed for failure to pay the compensation amount, he is not liable to be arrested and incarcerated. But the learned Magistrate, it is submitted, has issued a warrant of arrest. It is in these circumstances that the petitioner has come to this Court with this petition under Section 482 Cr.P.C. Crl.M.C.No. 2043 of 2008 2 3. I am not persuaded to agree that any direction need be issued. I am unable to ascertain why the learned Magistrate has issued a warrant of arrest. The petitioner must appear before the learned Magistrate. He must apprise the learned Magistrate that he has already undergone the substantive sentence of imprisonment and that he is not liable to undergo any default sentence. I have no reason to assume that the learned Magistrate would not consider those contentions on merits, in accordance with law and expeditiously. Only after considering such contentions and taking a decision thereon, can the learned Magistrate order further incarceration of the petitioner. 4. With the above observations this Crl.M.C. is dismissed. (R. BASANT) Judge tm