IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.MC.No. 1389 of 2008() ------------------------- STC.1057/2005 of JUDICIAL MAGISTRATE OF FIRST CLASS, KALPETTA. .................... PETITIONER: ACCUSED. -------------------- THOMAS ANDREWS, S/O. THOMAS, AGED 42 YEARS, MANTHADATHIL HOUSE, KENICHIRA P.O., S.BATHERY, WAYANAD. BY ADV. SMT.PRIYA RAMESH RESPONDENTS: COMPLAINANT. ------------------------------------ 1. BINEESH P.D., S/O. DAMODARAN, AGED 30 YEARS, PERIYILETH HOUSE, CHOOTHUPARA P.O., S.BATHERY, WAYANAD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.P.C.GOPINATH SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 1389 of 2008 ========================== Dated this the 1st day of April, 2008. O R D E R This is a petition to recall the non bailable warrants issued against the petitioner in S.T. No. 1057 of 2005 on the file of the Judicial First Class Magistrate, Kalpetta. The petitioner was the accused in a prosecution under Section 138 of the Negotiable Instruments Act, 1881. The said case was fought up to this Court and this Court as per final order dated 13.02.2007 in Crl.R.P. No. 664 of 2007 granted six months' time to the petitioner to pay the compensation amount of Rs.1,02,000/- with a sentence of imprisonment till the rising of the Court. In this petition, the petitioner along with the complainant, have filed Crl.M.A.No. 1818/2008 to the effect that the matter has since been compounded between the parties. Since the composition is a post revision composition it cannot be permitted in the light of the decision reported in Sudheer Kumar v. M.K. Kunjiraman & others (2008(1) KLT 168). The belated payment made by the petitioner is however, condoned. The learned counsel appearing for the 1st respondent/complainant also agrees that the amount has been received. What now remains to be considered is the question of imprisonment till the rising of the court for which purpose the petitioner shall surrender before the Magistrate on 11.04.2008. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv