ABDUL GAFOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) 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.

(3.) This Crl.M.C. is found to be absolutely unnecessary and it is accordingly dismissed with the above observations.