IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Crl.MC.No. 722 of 2008() ------------------------ CC.492/1998 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER: ------------ P.V. ANDREWS, S/O. VARGHESE, AGED 80 YEARS, POOVAN HOUSE, COLLEGE ROAD, MUVATTUPUZHA P.O. MUVATTUPUZHA BY ADV. SRI.ALEXANDER JOSEPH RESPONDENTS: ------------- 1. K.K. JOHN, KUMBATTU HOUSE, MEENKUNNAM P.O. MUVATTUPUZHA 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-02-2008 , THE COURT ON 18/02/2008 PASSED THE FOLLOWING: V.Ramkumar, J. ................................................. Crl.M.C. No. 722 of 2008 .................................................. Dated: 18th February 2008 ORDER Petitioner who was convicted concurrently for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 was sentenced to imprisonment as well as directed to pay compensation for the cheque amount. This court while confirming the conviction, modified the sentence to one of imprisonment till rising of court and to pay a sum of Rs. 50,000/- as compensation within five months of 20-08-2007. Aggrieved by the order of this Court in Crl.R.P. 466 of 2002 the petitioner had preferred an S.L.P. before the Supreme Court. The Supreme Court has granted special leave and had numbered the Appeal as Crl.Appeal 1013 of 2007. The order of the Supreme court produced by the petitioner as Annexure III does not in terms stay that part of the sentence which directs him to undergo imprisonment till rising of the court. He is only given three weeks time from 9-1-2008 to deposit the compensation failing which it is stated that the same shall be realised in accordance with law. Hence the petitioner cannot legally assail -:2:- Annexure A4 order passed by the learned Magistrate issuing non-bailable warrants of arrest against him. However, having regard to the fact that the Criminal Appeal filed by the petitioner is pending before the Supreme Court , the Magistrate need take steps only for realisation of the compensation amount in case there is a default. The steps for execution of the imprisonment part of the sentence shall be initiated only after the disposal of the appeal by the Supreme Court and subject to the orders of the Supreme Court. This Crl.M.C. is disposed of as above. V.Ramkumar, Judge. ani