K NARAYANAN Vs. R RADAHAKRISHNAN

JUDGEMENT

(1.) The petitioner is the accused in S.T.1999/1994 on the files of the Court of the Judicial Magistrate of First Class-I, Manjeri.

(2.) The trial court convicted the petitioner under Section 138 of the Negotiable Instruments Act and sentenced him thereunder to simple imprisonment for eight months. In the appeal filed against the said conviction and sentence, the Sessions Court, Manjeri confirmed the conviction and modified the sentence to simple imprisonment for three months. Aggrieved by the judgment of the appellate court, the revision petitioner filed Crl.R.P.946/2001 before this Court. As per Annexure- A4 order in Crl.R.P.946/2001, this Court confirmed the conviction and modified the sentence to imprisonment till the rising of the court and to pay a compensation of Rs.22,500/- to the complainant with a default clause for simple imprisonment for 3 months. The trial court thereafter resorted to coercive steps to execute the sentence awarded by this Court as per Annexure-A4 order.

(3.) In the said circumstances, the petitioner has approached this Court praying for quashing the coercive steps initiated against the petitioner by the trial court in the above case contending that if the period of imprisonment from 31.12.2001 to 30.03.2002 undergone by the petitioner is treated as set off against the default sentence, then the petitioner had already suffered the default sentence and consequently, the steps initiated by the trial court cannot be sustained.