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Ibrahim vs State Of Kerala on 26 August, 2009

Kerala High Court
Ibrahim vs State Of Kerala on 26 August, 2009
       

  

  

 
 
  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.
              --------------------------
                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

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