IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.MC.No. 5042 of 2010 --------------------------------------- ST.1465/2005 of JFCM, VADAKKANCHERY .................... PETITIONER/PETITIONER: UDAYABHANU, S/O NARAYANAN, KALARIKKAL HOUSE, ENKAKKAD, THALAPPILLY TALUK, P.O.WADAKKANCHERY. BY ADV. SRI.P.K.MADHUSOODANAN RESPONDENTS/COMPLAINANTS: 1. K.M.MAHESH, S/O MADHAVAN, KULANGARAVALAPPIL HOUSE, PUNNAMPARAMBU DESOM, THEKKUMKARA VILLAGE, THALAPPILLY TALUK - 680 005 (IDASSERY HOUSE, CHOORAKKATTUKARA, P.O.AMALA NAGAR, THRISSUR 680 555. (PRESENT ADDRESS). 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.5042 of 2010 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. The conviction and sentence were challenged before this Court in Crl.R.P.No.1779/2010. By order dated 11.6.2010, the conviction and sentence were confirmed and revision was disposed. On the request of the petitioner, he was granted time to pay compensation of Rs.75,000/- up to 11.8.2010. Petitioner sought extension of time by filing Crl.M.C.No.3381/2010. By order dated 19.8.2010, this Court extended the period by three months, on condition that petitioner shall either pay the amount directly to the complainant or deposit Rs.80,000/- within the extended period. This petition is filed under Section 482 of Code of Criminal Procedure for permitting the petitioner to pay the compensation, in three equal monthly CRMC 5042/2010 2 instalments. 2. Learned counsel appearing for the petitioner was heard. 3. Petitioner is not entitled to file a petition under Section 482 of Code of Criminal Procedure to modify the sentence, as confirmed by this Court in Crl.R.P.No.1779/2010. If petitioner is arrested and produced before the learned Magistrate or he surrenders and pays or deposits the compensation amount as provided under Annexure- A2 order in Crl.M.C.No.3381/2010, learned Magistrate has to receive the same and shall not direct the petitioner to undergo the default sentence. Petition is disposed. 23rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv