B. MURALI Vs. SIMON D. DAS

JUDGEMENT

(1.) THE Revision is directed against the conviction and sentence of the petitioner for the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act). The trial Magistrate, on finding him guilty of the offence, convicted and sentenced him to undergo simple imprisonment for a period of four months and to pay a fine of Rs.55,000/- with default term of imprisonment of three months. In the appeal, the learned Sessions Judge confirmed the conviction, modifying the sentence till the rising of the Court with liability to pay compensation of Rs.55,000/- and in default thereof to undergo simple imprisonment for three months. Feeling aggrieved against the conviction rendered, concurrently, with the modification as aforesaid in the sentence by the learned Sessions Judge, the revision has been filed.

(2.) AT the time of hearing, the learned counsel for the revision petitioner fairly submitted that the defence canvassed as to the denial of execution of cheque and also the transaction thereto, had not been substantiated by any worth mentioning evidence, and urged that reasonable time may be afforded to settle the claim of the complainant arising under the cheque, and thus to avoid incarceration imposed under the sentence passed by the Court below. The learned counsel further submits that a non-bailable warrant issued is now pending execution against the petitioner in view of the nonpayment of the compensation within the time and failure to appear before the Court as directed under the judgment of the lower appellate court. The complaint is seen lodged as early in 2005 and the cheque amount is shown to be Rs.55,000/-. On the face of the time lag as indicated above, prima facie, the petitioner may not be entitled to any indulgence from this Court. However, having regard to the submissions made by the learned counsel for the petitioner to show indulgence, it is ordered that the Judicial First Class Magistrate Court-VII, Thiruvananthapuram, which is now taking coercive steps against the petitioner, shall keep in abeyance the execution of the warrant ordered for a period of one month from today to enable the petitioner to pay the amount ordered as compensation and to appear before that Court on 06-08-2011 to serve out the sentence of imprisonment for one day. In default of appearance and also failure to pay the compensation awarded, the Magistrate shall take appropriate steps for executing the warrant ordered against the petitioner.