IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Crl.MC.No. 2559 of 2009 ------------------------------- CRA.900/2009 of ADDL.SESSIONS COURT, (ADHOC I), ERNAKULAM ST.1033/2005 of JUDICIAL MAGISTRATE OF FIRST CLASS - II,PERUMBAVOOR .................... PETITIONER(S)/ACCUSED: ------------------------------------- P.B.CHANDRAKUMAR, S/O.BHANU PANICKER, AGED 47 YEARS, PUSHPAMANGALAM BUILDING, SIVA KOVIL ROAD, PUNALUR, KOLLAM DISTRICT. BY ADV. SRIR.SURAJ KUMAR SRI.N.AJITH RESPONDENT(S)/COMPLAINANT & STATE: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S.GURUDEVA RICE & AGRO PRODUCTS PVT. LTD., REPRESENTED BY ITS MANAGER M.ANOOP E.S., S/O.SUDARSANA KUMAR, ERUMATH HOUSE, CHOWARA P.O., EDANADU. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2559 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced for offence under Section 138 of Negotiable Instruments Act. He challenged the conviction before Sessions Court, Ernakulam in Crl.A.No.900/2008. Learned Sessions Judge confirmed the conviction, but modified the sentence of imprisonment till rising of court and compensation of Rs.1,60,000/-. Petitioner did not appear before the Magistrate to undergo the sentence. Hence, a non bailable warrant was issued. This petition is filed for a direction to the Magistrate to recall the warrant. 2. Learned counsel appearing for the petitioner was heard. 3. If petitioner was convicted in S.T.No. 1033/2005 and did not appear before the Magistrate to undergo the sentence, learned Magistrate was justified in issuing a non bailable warrant. But, CRMC 2559/09 2 even if petitioner appears on his own or arrested and produced before the court, he can only be directed to undergo the sentence as modified by the Sessions Judge in Crl.A.No.900/2008. In such circumstances, no direction is warranted. Petition is disposed. 5th August, 2009 (M.Sasidharan Nambiar, Judge) tkv