PRINCE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in a prosecution for an offence u/s.138 of Negotiable Instruments Act is the revision petitioner, as he is aggrieved by the order of conviction and sentence imposed by the courts below. 1. THE counsel for the revision petitioner submitted that the revision petitioner has no contention on merit but he require some time to pay the amount and it is also the submission of the learned counsel that, that the sentence to pay fine awarded by the appellate court may be set aside and instead of that, the revision petitioner may be permitted to pay compensation to the complainant as ordered by the trial court. I find no reason to deny the above request and while granting some time, the compensation amount can be enhanced considering the fact that the cheque in question is dated 25.8.2004 that too for an amount of Rs.2,00,000/- and the said amount, which belonged to the

(2.) COMPLAINANT is with the revision petitioner for the last 6 years. In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment ordered by the appellate court, the revision petitioner is directed to pay a compensation, instead of fine, of Rs.2,61,500/- to the COMPLAINANT u/s.357(3) of Cr.P.C., within 3 months from today and in case of default in paying the compensation amount within the stipulated time, the revision petitioner is directed to undergo simple imprisonment for 3 months. Accordingly, the revision petitioner is directed to appear before the trial court on 9.2.2011, to receive the sentence of imprisonment and to pay the compensation amount as directed by this court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to