PADMA KUMAR Vs. P.V. SUMESH

JUDGEMENT

(1.) REVISION petitioner is a convicted accused for the offence under Section 138 of the Negotiable Instruments Act (for short NI Act). The trial Magistrate, on his conviction, has sentenced him to undergo simple imprisonment for six months and to pay compensation of Rs. 1,40,000/-, the cheque amount, to the complainant within six months, with default term of simple imprisonment for another six months. In the appeal preferred by the petitioner, the learned Sessions Judge confirmed the conviction, but, modified the sentence directing him to undergo imprisonment till the rising of the Court and to pay the compensation, as fixed by the Magistrate, and in default, to undergo simple imprisonment for one month. Feeling aggrieved against the conviction, and sentence as modified, he has preferred this Revision.

(2.) AT the time of hearing, the learned counsel for the revision petitioner fairly conceded that the defence which was projected at the time of questioning under Section 313 of the Code of Criminal Procedure, then alone, was not established by any worth mentioning evidence, and on the materials placed challenge against the conviction concurrently made by the Court below may not survive for conservation. Stating that a non-bailable warrant issued by the Court is pending ex- ecution against the petitioner, the learned counsel sought indulgence of this court to provide him a period of two months to pay off the compensation and thus avoid incarceration by undergoing the sentence imposed. Perusing the judgment rendered by the learned Magistrate, it is evident that the complaint giving raise to the prosecution of the revision petitioner was launched as early in 2004 and as such, at this stage, ie, nearly after six years, further indulgence by providing extension of time to make payment of the compensation ordered is not' conducive to justice. However, taking into account the submissions made by the counsel, it is ordered that the execution of the warrant, if any, ordered against the petitioner shall be kept in abeyance by the learned Magistrate for a period of one month from today to provide him an opportunity to pay the compensation fixed within such time and thus avoid the default term of imprisonment. Irrespective of the direction to make the payment within the extended period granted, it is ordered that the petitioner shall appear before the learned Magistrate on 06-08-2011 to undergo sentence of imprisonment for one day for the offence with which he was convicted. In the event of his failure to make payment and/or appear before the court as directed, the Judicial First Class Magistrate, Payyannur shall take steps forthwith for executing sentence in accordance with law.