IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND MARCH 2007 / 1ST CHAITHRA 1929 Crl.MC.No. 838 of 2007() ------------------------ ST.3598/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... PETITIONER/ACCUSED: --------------------------------- ABDUL GAFOOR, S/O. IBRAHIM MUSALIAR NABOORICHELLA, VANDITHAVALAM P.O. CHITTUR TALUK, PALAKKAD DIST. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ---------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACO THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 838 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of March, 2007 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act. A substantive sentence of imprisonment till rising of court was imposed on him. There is a further direction to pay an amount of Rs. 1 lakh as compensation to the complainant. In default, a sentence of imprisonment has also been imposed. He was directed to appear before the learned Magistrate on 28.4.2006. The petitioner did not appear before the learned Magistrate on that day. He had allegedly paid the entire amount payable as compensation to the complainant. He apprehends that default sentence may be imposed against him. 2. If, as contended by the learned counsel for the petitioner, such payment has been made, as held in Girish v. Muthoot Capital Services (P) Ltd. (2007 (1) KLT 16), there can be no question of default sentence being imposed on him, notwithstanding the fact that he had not appeared before the learned Magistrate on 28.4.2006, as directed by this Court. Crl.M.C.No. 838 of 2007 2 3. This Crl.M.C. is found to be absolutely unnecessary and it is accordingly dismissed with the above observations. (R. BASANT) Judge tm