IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.MC.No. 2417 of 2008() ------------------------- CRA.1263/2004 of III ADDL.SESSIONS COURT, ERNAKULAM S.T.NO.3505/01OF JFCM COURT, NORTH PARAVUR. .................... PETITIONER: ------------ K.K.RAVI, S/O KUNJKILAVAN, KAITHAVALAPPIL, KAIPAMANGLAM THRISSUR DISTRICT. BY ADV. SRI.B.RAMACHANDRAN RESPONDENTS: ------------- 1. PARAMESWARAN KARTHA, SREE VIHAR, MURUVANTHURUTHU KARA, VADAKKEKKARA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AND SON R.SOMASUNDARAN KARTHA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2417 of 2008 ------------------------------------------------- Dated this the 27th day of June, 2008 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the Negotiable Instruments Act. It is submitted that he now faces a sentence of imprisonment till rising of court. There is a further direction to pay an amount of Rs.30,000/- as compensation and in default, to undergo simple imprisonment for a period of one month. According to the petitioner, an amount of Rs.7,000/- has already been deposited before the learned Magistrate. The balance amount of Rs.23,000/- has been paid directly to the complainant. Thus, the entire compensation amount has been paid/deposited and no amount remains to be paid. The petitioner has not appeared before the learned Magistrate to undergo the substantive sentence of imprisonment so far. He Crl.M.C. No. 2417 of 2008 -: 2 :- now wants to appear before the learned Magistrate and undergo the substantive sentence of imprisonment. 2. For this, the petitioner need not now come to this Court at all. The petitioner can appear before the learned Magistrate. He shall undergo the substantive sentence of imprisonment. If the compensation amount directed to be paid has already been deposited or paid, the petitioner can place the materials before the learned Magistrate to instill satisfaction in him that such payments have been made/deposited. If so, there is no question of the petitioner being obliged to undergo any default sentence thereafter. The position has been made crystal clear in the decision reported in Girish v. Muthoot Capital Service (P) Ltd., (2007 (1) KLT 16). Even assuming that the petitioner did not appear before the learned Magistrate on the date specified by this Court, no default sentence can be executed against him if the amount has already been paid/deposited when he surrenders before the learned Magistrate. 3. It is prayed that there may be a direction to release the amount in deposit to the complainant as directed in the order directing payment of compensation. No further or specific Crl.M.C. No. 2417 of 2008 -: 3 :- directions are necessary. The court must release the amount to the complainant. 4. This Crl.M.C. is, in these circumstances, dismissed; but with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge