IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Crl.MC.No. 993 of 2007() ---------------------------------- CC.266/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER: ------------------- IBRAHIM S/O.KAMAL, NAYATTUPARA, KANNUR DISTRICT. BY ADV. MR.O.V.MANIPRASAD RESPONDENTS/COMPLAINANT AND STATE -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KURUNGODAN KANNAN, S/O.KANNAN, ELLATHUR DESOM, KALLIAD AMSOM, KALLIAD P.O., KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR.B. JAYASOORYA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.993 of 2007 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Under Annexure-VIII order in Crl.R.P.No. 3385/2005, conviction was confirmed and sentence was modified to imprisonment till rising of the court and a compensation of Rs.1,20,000/- and in default, simple imprisonment for two months. This petition is filed for a direction to the Magistrate to adjust Rs.38,000/- paid towards the cheque amount in an execution petition pending before Sub Court, Payyannur as well as Rs.25,000/- deposited before the trial court for suspending the sentence and not to commit the petitioner to prison. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel submitted that from Annexure-9 affidavit filed by the second respondent, it is clear that second respondent received the entire compensation CRMC 933/07 2 as directed and in such circumstances, a direction as sought for is to be issued to the Magistrate. 4. As per the modified sentence, petitioner is to undergo imprisonment till rising of the court and a compensation of Rs.1,20,000/- and in default, simple imprisonment for two months. As and when petitioner, of his own appears or arrested and produced, Magistrate can direct the petitioner to undergo only that sentence. If petitioner satisfies the Magistrate that he had already paid the compensation as directed under Annexure-VIII order, he cannot be directed to undergo the default sentence. He can only be directed to undergo imprisonment till rising of the court. It is for the petitioner to appear before the Magistrate and satisfy the Magistrate that, as directed, the compensation was paid. With that liberty, petition is disposed. 26th August, 2009 (M.Sasidharan Nambiar, Judge) tkv