On conviction by the learned Judicial First Class Magistrate, Ambalapuzha under Section 138 of the Negotiable Instruments Act in C.C No. 183/08, the petitioner herein was sentenced to undergo simple imprisonment for three months, and was also directed to pay a compensation of Rs.1,50,000/- to the complainant. In appeal brought by him before the court of Session Alappuzha, the learned Appellate Judge confirmed the conviction, but modified the sentence. Accordingly, the substantive sentence was reduced to imprisonment till rising of the court. Thereafter the petitioner approached this court with Crl.R.P No.482/2013. In revision, this court confirmed the sentence, and also the direction to pay compensation. However the petitioner was directed to surrender before the trial court on or before 23.9.2013 to serve out the sentence till rising of the court, and to make payment of compensation. The case of the petitioner is that he accordingly surrendered, served out the substantive sentence, and also served out the default sentence for non payment of compensation. Now the trial court has initiated proceeding for recover the amount of compensation as a fine. In the present proceeding, he seeks orders under Section 482 Cr.P.C, directing the trial Crl. M.C No. 3219 of 2014 2 court to recall the warrant issued for recovery of the fine amount under Section 421 Cr.P.C. 2. Much probe or enquiry is not required in this matter, because the petitioner is still liable for the compensation amount which is recoverable as fine, and the petitioner cannot claim to be absolved from the liability. In Raveendran Vs State of Kerala (2012 (4) KLT 178) a Division Bench of this court has declared the legal position that even if the accused has undergone the default sentence on failure to pay the amount of compensation awarded by the court, the amount of compensation will be recoverable as fine, and that the fact that the accused has suffered or served out default sentence for non payment of fine or compensation will not wipe out the liability to pay the amount. So far as fine or compensation is concerned the object of default sentence is only to enforce payment. Default sentence cannot in any circumstance be in lieu of fine or compensation. It appears that the petitioner probably believed, or that he got wrong advice that he will not have to pay anything, if he served out the default sentence. The learned counsel for the petitioner now submits that the petitioner realizes that he has no case to be argued in law, and the petitioner seeks some time to make payment of the compensation. Of course, this request can be considered in the interest of justice. Here is a man ,who unnecessarily suffered Crl. M.C No. 3219 of 2014 3 default sentence on the belief that he can escape from the liability. It is not known whether he opted such a course voluntarily, or on the advice of somebody else. Anyway, I feel it appropriate to grant him reasonable time to make payment of the compensation, in the interest of justice.
In the result, this Crl.M.C is dismissed. However, the petitioner is granted time for one month from this date to make payment of the compensation in the trial court, as ordered by this court in revision. This order will have effect of extension of the time granted by the court. During this period, the steps taken by the court below to recover the amount of compensation will stand suspended. If payment is not made within time, the trial court can take all measures, and initiate all possible steps under the code of Criminal Procedure, to recover the amount of compensation.
P.UBAID, JUDGE sab