IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Crl.MC.No. 2534 of 2009() ----------------------------------- CC.314/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KASARAGOD. .................... PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------- M.U. MANGALA GOWRI, AGED 33 YEARS, W/O.K.U.PADMANABHA THANDRI, RESIDING AT KIZHAKKANKOTTU ILLAM, MADIKAI POST, NILESHWAR (VIA), HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. MR.C.K.SREEJITH RESPONDENTS/COMPLAINANTS/COMPLAINANTS: ------------------------------------------------------------------------ 1. P.I.ABRAHAM, AGED 48 YEARS, S/O.ISSAC, PURANGANAL HOUSE, PADUPPU, SANKARAMPADY POST, CHENGALA (VIA), KASARAGOD DISTRICT. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2534 of 2009 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. In appeal, sentence was modified to imprisonment till rising of court and compensation of Rs.1,75,000/- and in default, simple imprisonment for one month. Petitioner challenged that order before this Court in Crl.R.P.No. 3949/2008. Revision was dismissed on 5.12.2008. While dismissing the revision, petitioner was granted six months' time to pay the compensation. He was also permitted to pay the compensation directly to the complainant and establish before the Magistrate that compensation was paid. He was directed to appear before the Magistrate on 2.6.2009. Petitioner did not appear on that day. Consequently, warrant was issued. This petition is filed under Section 482 of Code of Criminal CRMC 2534/09 2 Procedure for a direction to the Magistrate to recall the warrant. 2. Learned counsel appearing for the petitioner was heard. 3. I find no reason to recall the warrant as sought for. It is up to the petitioner to appear before the Magistrate and satisfy that compensation is paid as directed by the Sessions Judge in the appeal, as per the permission granted by this Court to pay it directly to the complainant. If petitioner appears or arrested and brought before the Magistrate and he satisfies the Magistrate that he has already paid the compensation, petitioner can only be directed to undergo the substantive sentence of imprisonment till rising of court. In such circumstances, petition is disposed. 3rd August, 2009 (M.Sasidharan Nambiar, Judge) tkv