SULEKHA BEEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. The verdict of guilty, conviction and sentence have now become final. The petitioner has now been sentenced to undergo imprisonment till rising of court and to pay the cheque amount of Rs.4,00,000/-. The petitioner has not appeared before the learned Magistrate so far to undergo the substantive/default sentence.

(2.) It is the case of the petitioner that the entire amount due under the cheque, as directed, has been paid and discharged. In fact, the complainant went before the learned Magistrate and filed Annexure D application in which it was categorically stated that the entire amount due under the cheque has been received. The entire amount due under the cheque is an amount of Rs.4,00,000/- which has been directed to be paid as compensation.

(3.) The petitioner has now come before this court with the prayer that the dictum in Sabu George v. Home Secretary [2007 (1) KLT 982] may be invoked and permission may be granted to compound the offence. No deterrent substantive sentence of imprisonment is imposed. The substantive sentence of imprisonment is only imprisonment till rising of court. The complainant accepts that the entire amount due under the cheque is paid and discharged. In these circumstances, there is no question of any default sentence being executed against the petitioner. In Girish v. Muthoot Capital Service (P) Ltd. [2007(1) KLT 16] it has been made clear that when the amount of compensation has been paid to the complainant as directed and received by him in full satisfaction, there can be no question of the default sentence being executed against the accused.