IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 Crl.MC.No. 3608 of 2009(A) -------------------------------------- CC.NO.1285/2003 OF JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA) .................... PETITIONER/ACCUSED: ---------------------------------- SOMARAJAN, S/O. GOPALAN, ILANJIKKAL VEEDU, MULLUVILA CHERI, VADAKKEVILA, KOLLAM. BY ADV. ,MR.SHABU SREEDHARAN. RESPONDENTS/STATE AND COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SIVANANDAN, LALITHA NIVASIL, KALAVAYAL MURI, VELINALLOR VILLAGE, KOLLAM. R1 BY PUBLIC PROSECUTOR MR. K.J. MOHAMMED. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3608 OF 2009 =========================== Dated this the 20th day of November,2009 ORDER Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act in C.C.1285/2003 on the file of Judicial First Class Magistrate Court-II, Kottarakkara. The conviction was confirmed by the Additional Sessions Court, Kollam in Crl.A.342/2005. Petitioner challenged the conviction and sentence before this court in Crl.R.P.1683/2006. By order dated 27.9.2007 conviction was confirmed and sentence was modified to imprisonment till rising of court and a compensation of Rs.3 lakhs to be paid to the complainant. It is provided that petitioner has to pay the amount within three months and on his failure, he has to undergo the default sentence of three months. This petition is filed to accept the composition of the offence, under section 320(8) of the Code of Criminal Procedure and to record the payment of the composition to the second respondent complainant. Petitioner has produced a copy of a joint application signed by the second respondent also. Crl.M.C.3608/2009 2 2. Once conviction was confirmed by this court and revision is finally disposed of, petitioner cannot be permitted to compound the offence as sought for. Therefore the prayer for permission to compound the offence can only be rejected. When this court modified the sentence, learned Magistrate can only direct the petitioner to undergo the modified sentence. It is upto the petitioner to establish before the learned Magistrate that as directed by this court, he has paid the compensation to the complainant. If it is proved learned Magistrate can direct him to undergo only the sentence for imprisonment till rising of the court and not the default sentence. It is not for this court to record the payment as sought for by the petitioner. Petitioner has to approach the Magistrate for that purpose. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006