IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.MC.No. 5047 of 2010() ------------------------------------ CC. 76/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, II, NEYYATTINKARA. ........... PETITIONER(S): ACCUSED ------------------------------------- M.STEPHEN, AGED 53 YEARS, S/O. MUTHUNAYAKAM, PARAYANVILA PUTHEN VEEDU, PONVILA, AYIRA, PARASSALA, THIRUVANANTHAPURAM. BY ADV. SRI.T.MADHU RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- 1. P.MOHANAN, AGED 56 YEARS, MEENAKSHY BHAVAN, ARAYOOR, CHANKAL VILLAGE, PARASSALA, THIRUVANANTHAPURAM DISTRICT PIN 695502. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.5047 OF 2010 --------------------------------------------- Dated 23rd December, 2010 O R D E R Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act in C.C.76/2006 on the file of Judicial First Class Magistrate's Court-II, Neyyattinkara. It was challenged before this Court in Crl.R.P.3/2008. By Annexure-A1 order dated 11/8/2010, the revision was disposed, modifying the sentence to imprisonment till rising of court and compensation of Rs.45,000/- and in default simple imprisonment for one month. The grievance of the petitioner is that as petitioner did not deposit the amount as directed in Annexure-A1 order, if petitioner appears Crmc 5047/10 2 before the learned Magistrate, he will be directed to undergo the default sentence. 2. I do not find any substance for the apprehension. When the sentence is imprisonment till rising of court and compensation, if the petitioner is either produced or appears, Magistrate can direct him to undergo only the said sentence. If petitioner deposits the compensation amount, Magistrate cannot direct him to undergo the default sentence. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.