H NAZEER Vs. T SHANAVAS

JUDGEMENT

(1.) Revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two inferior courts.

(2.) Notice given, 1st respondent has entered appearance. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that no arguments on merits is sought to be addressed, but only a request for six months time to pay the fine amount of Rs.1,50,000/- fixed and, thus, avoid the default term of imprisonment. Cheque involved in the case, the dishonour of which had given raise to the prosecution and ultimately the conviction of the accused, is dated 28-05-2007. The Magistrate, on conviction has sentenced the accused to undergo simple imprisonment for six months apart from imposing fine of Rs.1,50,000/- with default term of imprisonment for one month more. In appeal, the learned Sessions Judge, confirming the conviction has reduced the substantive term of imprisonment to one day, till the rising of the court, retaining the fine imposed with the default term fixed by the Magistrate. Plea canvassed by the counsel for extension of six months time in such circumstances cannot be entertained especially where the cheque is dated 28-05-2007 and the criminal proceedings are continuing on its dishonour ever since. However, taking note of the submissions made, the Magistrate is directed to keep in abeyance the execution of the sentence for a period of six weeks from today. The petitioner is directed to appear before the Magistrate concerned on 19-09-2011 to serve out the substantive term of imprisonment for one day, till the rising of the court, and to report the payment of fine. In default of his appearance and nonpayment of the fine, the Magistrate shall execute the sentence taking appropriate steps in accordance with law.

(3.) Revision is disposed of.