IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3608 of 2009()
1. SOMARAJAN, S/O. GOPALAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. SIVANANDAN LALITHA NIVASIL KALAVAYAL
For Petitioner :SRI.SHABU SREEDHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/11/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.3608 OF 2009
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Dated this the 20th day of November,2009
ORDER
Petitioner was convicted and sentenced for the
offence under section 138 of Negotiable Instruments Act
in C.C.1285/2003 on the file of Judicial First Class
Magistrate Court-II, Kottarakkara. The conviction was
confirmed by the Additional Sessions Court, Kollam in
Crl.A.342/2005. Petitioner challenged the conviction
and sentence before this court in Crl.R.P.1683/2006.
By order dated 27.9.2007 conviction was confirmed and
sentence was modified to imprisonment till rising of
court and a compensation of Rs.3 lakhs to be paid to
the complainant. It is provided that petitioner has to
pay the amount within three months and on his failure,
he has to undergo the default sentence of three months.
This petition is filed to accept the composition of
the offence, under section 320(8) of the Code of
Criminal Procedure and to record the payment of the
composition to the second respondent complainant.
Petitioner has produced a copy of a joint application
signed by the second respondent also.
Crl.M.C.3608/2009 2
2. Once conviction was confirmed by this court and
revision is finally disposed of, petitioner cannot be
permitted to compound the offence as sought for. Therefore
the prayer for permission to compound the offence can only
be rejected. When this court modified the sentence,
learned Magistrate can only direct the petitioner to
undergo the modified sentence. It is upto the petitioner
to establish before the learned Magistrate that as directed
by this court, he has paid the compensation to the
complainant. If it is proved learned Magistrate can direct
him to undergo only the sentence for imprisonment till
rising of the court and not the default sentence. It is
not for this court to record the payment as sought for by
the petitioner. Petitioner has to approach the Magistrate
for that purpose.
Petition is disposed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006