IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Crl.MC.No. 4329 of 2010 ---------------------------------- (S.T.NO.390, 391 AND 392/2004 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI) ............ PETITIONER/ACCUSED: ---------------------------------- K.N.BHASKARANUNNI, S/O.NARAYANAN NAMBOOTHIRI, ALLIED HOSPITAL (P) LTD., ARTHAT, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR). RESPONDENTS/STATE OF KERALA & COMPLAINANT: ------------------------------------------------------------------------------ 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM – 31. 2. A.P.MOHANDAS, S/O.PAYYAZHI BALAKRISHNAN NAIR, MOHANALAYAM, PERINGODE AMSOM DESOM, OTTAPALAM TALUK, REP. BY THE POWER OF ATTORNEY HOLDER SANKARANKUTTY, S/O.KUTTAN NAMBIAR, KOTHACHIRA AMSOM DESOM, OTTAPALAM TALUK, KOTHACHIRA.P.O – 679 535. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4329 OF 2010 =========================== Dated this the 27th day of October,2010 ORDER Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act in S.T.390, 391 and 392 of 2004 on the file of Judicial First Class Magistrate Court, Pattambi. The sentence in those cases were modified by this court to fine by Annexure I to III orders. This petition is filed under section 482 of Code of Criminal Procedure for a direction to the Magistrate to accept the fine amount and to permit the petitioner to pay the fine. 2. Learned counsel appearing for the petitioner was heard. 3. When the sentence is modified to fine by this court, even if the accused failed to appear on the date as directed by this court, Crl.M.C.4329/2010 2 learned Magistrate can direct the accused to undergo only the sentence as modified by this court. When the accused pays the fine, learned Magistrate cannot direct the accused to undergo the default sentence, for the failure to pay the fine within the time as directed by this court. Even if the accused failed to pay the fine, learned Magistrate can realise the fine only as provided under the Code. As and when that fine is paid, petitioner cannot be directed to undergo the default sentence. If the apprehension of the petitioner is that he cannot appear before the learned Magistrate in view of the non bailable warrant, it is made clear that the non bailable warrant share not be executed, if petitioner is appearing before the learned Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006