IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 993 of 2007()
1. IBRAHIM S/O.KAMAL,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. KURUNGODAN KANNAN,
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :26/08/2009
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.993 of 2007
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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
