IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 34002 of 2008(W) -------------------------- CC.200/2003 of J.M.F.C.,ADIMALI .................... PETITIONER(S): --------------- KUMARAN, S/O. MADHAVAN, KUMPALAVAYALIL VEEDU, MUNIYARA KARA, KONNOTHADY VILLAGE. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 2. P.N. KISHOR, S/O. PADMANABHAN, ENAMICKAL VEEDU, KOOVAPPARA KARA, POOYAMKUTTY, KUTTUMPUZHA VILLAGE, KOTHAMANGALM TALUK. R1 BY GOVT. PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 34002 of 2008 W - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2008 JUDGMENT The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act. The verdict of guilty, conviction and sentence have become final with the appellate judgment rendered by the Sessions Court. The Sessions court has imposed a modified sentence of imprisonment till rising of court. There has also been a direction to pay compensation and in default to undergo S.I. for a period of one month. The compensation amount fixed is Rs.2,75,000/- 2. The petitioner has not paid the compensation amount. By now he has already undergone the default sentence of imprisonment for a period of one month. Steps are afoot to recover the compensation amount even after the petitioner underwent the default sentence. 3. The petitioner has now come to this Court with this writ petition raising a contention that he having already undergone the W.P.C.No. 34002 of 2008 2 default sentence, the court is not justified in taking further steps under Section 421 r/w. 431 Cr.P.C. to recover the compensation amount. 4. I am afraid, this contention cannot be accepted. In the decision in Sajikumar v. Soman Pillai (2006 (3) KLT 679) it has been clearly held that undergoing the default sentence shall not wipe off the liability to pay compensation nor can it affect the steps for recovery of the amount. 5. The counsel raises a contention that a default sentence is not justified or proper for non-payment of compensation amount payable under Section 357(3) Cr.P.C. The question has been considered in detail already in the decision in Ganga v. Lakshmi Ammal (2008 (2) KLT 306). At any rate, the default sentence for non-payment of compensation imposed under Section 357(3) Cr.P.C. by another Bench of this Court cannot be sought to be incidentally assailed in this writ petition before another Bench of this Court. The conclusion thus appears to be inevitable that the petitioner cannot succeed in this writ petition. 6. This Writ Petition is accordingly dismissed. (R. BASANT) Judge tm W.P.C.No. 34002 of 2008 3