JYOTHISH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner seeking certain directions under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the second respondent filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') and it was taken on file as C.C. No. 218/2006 on the file of the Judicial First Class Magistrate Court, Ramankary. After trial, the learned Magistrate convicted and sentenced him. Though he filed an appeal, that was also ended in dismissal. Against the same, he filed Crl. R.P. No. 2180/2010 before this Court and this Court by Annexure A1 order confirmed the order of conviction, but reduced the substantive sentence to imprisonment till the rising of court and also directed the petitioner to pay a compensation of Rs. 1,10,000/ - to the complainant, in default to undergo simple imprisonment for three months under Section 357(3) of the Code and directed to pay the amount within three months and also directed the petitioner to surrender before the court below to receive the sentence on 28.10.2010. But he could not pay the amount within time and comply with the condition as well.

(3.) THE learned counsel for the petitioner submitted that unless some direction is given, the lower court will not allow him to undergo the sentence and accept the payment made to the complainant directly as it was done after time.