B SREEKUMAR Vs. S SANTHOSH

JUDGEMENT

(1.) THE revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act. THE trial court as per judgment dated 31/7/2001 in C.C.No.1618/1998 convicted and sentenced him to pay fine of Rs.80,000/- and in default to undergo simple imprisonment for three months. Out of the fine amount if recovered, Rs.75,000/- will be paid to the complainant as compensation under Section 357 Cr.P.C. THE conviction and sentence were confirmed by the appellate court and the appeal was dismissed vide judgment dated 4/11/2005 in Crl. Appeal No. 356/2001.

(2.) HEARD the learned counsel for the revision petitioner and the learned Public Prosecutor .

(3.) IN the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and conviction of the petitioner under Section 138 of the Negotiable INstruments Act are confirmed. (c) The revision petitioner/accused is sentenced to undergo imprisonment for one day till rising of court. He is further directed under Section 357(3) Cr.P.C to pay/deposit the cheque amount of Rs.75,000/- (Rupees seventy five thousand only) as compensation, less the amount if any already deposited, to the complainant and in default to undergo simple imprisonment for a period of four months. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. The petitioner shall have time till 24/9/2011 to pay/deposit the amount of compensation and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 26/9/2011 for execution of the sentence.