IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 Crl.MC.No. 4871 of 2010() ------------------------------------- CC.NO.38/1998 OF JUDICIAL 1ST CLASS MAGISTRATE COURT I,HOSDURG ..... PETITIONER(S): ACCUSED: ------------------------------------------ K.SUKUMARAN PANICKER, S/O.GOVIDAN, AGED 45 YEARS, KULANGARA HOUSE,MANIYAT, P.O.MANIYAT, HOSDURG TALUK,KASARAGOD DT. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. KANNAMPATHI KRISHNAN, S/O.KOTTAN, MANIYAT, KANHANGAD PO., HOSDURG TALUK, KASARAGOD DISRICT 670 315. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4871 OF 2010 =========================== Dated this the 14th day of December,2010 ORDER Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act by Judicial First Class Magistrate Court-I, Hosdurg in C.C.38/1998. Conviction and sentence as modified by the Sessions Court, Kasaragod in Crl.A.110/2001 was confirmed by this court by Annexure A1 order in Crl.R.P.848/2004. While dismissing the revision this court granted two months time to pay the compensation and directed the petitioner to surrender before the Magistrate on 31.8.2010 to undergo the sentence. Sentence was imprisonment till rising of court and a compensation of Rs.30,000/-. Petition is filed under section 482 of Code of Criminal Procedure to accept the balance amount as directed in Crl.M.C.4871/2010 2 Crl.R.P.848/2004 and to recall the non bailable warrant contending that he could not appear on 31.8.2010 as directed. 2. Learned counsel appearing for the petitioner was heard. 3. I do not find any reasonable basis for the apprehension of the petitioner that if petitioner appears he will be directed to undergo the default sentence even if he is paying the compensation amount. The subsisting sentence is imprisonment till rising of court and compensation. If petitioner appears before the learned Magistrate, he can only be directed to undergo the said sentence. If petitioner pays the compensation amount, learned Magistrate can only receive the same and cannot direct him to undergo any default sentence. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006