JOY Vs. SAJAN PETER

JUDGEMENT

(1.) THE challenge in this Crl.R.P. is against the conviction and sentence imposed on the revision petitioner who is the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act.

(2.) AS this Court is not inclined to interfere with the order of conviction, the learned counsel for the revision petitioner submitted that the sentence of imprisonment ordered against the revision petitioner is unreasonable and exorbitant and therefore a lenient view may be taken and the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission of the learned counsel requires positive consideration.

(3.) THE learned counsel for the revision petitioner submitted that the revision petitioner has already been arrested and he is in custody from 18.03.2011 onwards and therefore, he may be granted time to pay the fine amount after releasing him on bail. If that be so, and if the petitioner is under custody there will be a direction to the trial court to release the petitioner on bail on executing a bond for Rs.25,000/-(Rupees Twenty Five thousand only) with two solvent sureties each for the like amount to the satisfaction of the learned magistrate and on further condition, the petitioner deposits a sum of Rs.1,00,000/- within one month from the date of his release on bail. THE petitioner is directed to deposit the remaining amount of the total fine amount fixed by this Court within three months from today. If there is any failure on the part of the revision petitioner in depositing the fine amount as indicated above, the trial court is free to take steps to execute the sentence as fixed by this Court. This Crl.R.P. is disposed of accordingly.