RAJEEV KUMAR Vs. S V NISHA

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. It is the further submission of the counsel that the petitioner is ready to compensate the complainant for which he requires some time, since the petitioner is arrested on 15.3.2011. Considering the facts and circumstances involved in this case, I am of the view that the said submission can be considered positively.

(3.) THE learned counsel for the petitioner submitted that the petitioner has already been arrested on 15.3.2011 and therefore, he may be ordered to be released on bail. Since this court reduced the sentence into one day simple imprisonment and imposed a fine of Rs.2,05,000/- and granted 3 months time for the payment according to me it is only just and proper to give an opportunity to the petitioner to pay that amount within the time stipulated by this Court. Accordingly, the court of Judicial First Class Magistrate Court-I, Attingal is directed 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 trial court and on further condition, the petitioner depositing a sum of Rs.55,000/- (Rupees Fifty Five Thousand only) within one month from today. In case, the petitioner deposit a sum of Rs.55,000/- as directed above, he need to deposit the remaining amount of fine within three months from today. If there is any failure from the part of the petitioner in depositing the entire fine amount as directed above the trial court is free to take coercive steps to execute the sentence and for realisation of the fine amount. On realisation of the entire fine amount as fixed by this Court, a sum of Rs,2,00,000/- shall be paid to the complainant as compensation under Section 357(1)(b) of Cr.P.C. and the remaining amount of Rs.5,000/- shall be deposited in the State Exchequer. As this court has already reduced the sentence of imprisonment and granted time to pay the first instalment towards the fine amount after his release on bail. THE Registry is directed to send a copy of this order to the Judicial First Class Magistrate Court-I, Attingal forthwith.