IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Crl.MC.No. 4014 of 2009() ------------------------- (CRL.A.NO.360/2007 OF THE SESSIONS JUDGE, MANJERI & S.T.NO.7946/2003 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAPPANANGADI) PETITIONER: --------------- KOLAKUNNATHU SAIDALAVI, S/O.MUHAMMAD, RAYIRIMANGALAM HOUSE, TANOOR, MALAPPURAM BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: --------------- 1. STATE OF KEARLA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.V.L.MASTER @ LAKSHMANAN MASTER, S/O.GANESAN, GANESH BHAVAN, KATTILANGADI STREET, TANOOR. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR J. ----------------------------- CRL.M.C No.4014 of 2009 ------------------------------ Dated this the 9th day of December, 2009. O R D E R Petitioner was convicted and sentenced for offence under Section 138 of the Negotiable Instruments Act. The revision was disposed on 11.12.2008, granting four months time to the petitioner to pay the compensation. I find no reason to give any direction to the Magistrate as sought for. The learned Magistrate can execute only the sentence as modified by the Sessions Court in Crl.A.360 of 2007. If the petitioner pays the compensation amount, he cannot be directed to undergo the default sentence. It is upto the petitioner to pay the compensation to the complainant or establish before the Magistrate that he has paid the compensation directly. If the Magistrate is satisfied that compensation is paid, petitioner cannot be directed to undergo the default sentence. M.SASIDHARAN NAMBIAR JUDGE ab