ASOKAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) REVISION petitioner is the accused convicted of the offence under Section 138 of the Negotiable Instruments Act, for short N.I. Act, concurrently by two courts below. When the revision came up for consideration learned counsel for the petitioner submitted that he has no arguments on merits, but only a re quest for time to pay off the fine and thus avoid default term of imprisonment,

(2.) COMPLAINANT in this case is a scheduled bank and the cheque was in respect of dues outstanding on the loan availed from such bank. The cheque amount was for a sum of Rs.12,777/ -. Modifying the substantive term of simple imprisonment imposed by the trial Magistrate as part of the sentence, the learned Sessions Judge, in appeal reduced it to imprisonment for one day till the rising of the court with a direction to pay Rs.13,777/ - as fine directing for release of the sum of Rs.12,777/ -, if the fine amount is realized, to the complainant bank as compensation. The accused is shown to be a Doctor. Normally, further extension of time to pay off the amount as indicated above cannot be granted, having regard to the fact that the cheque was issued in 2006 and the sum was only Rs.12,777/ -.

(3.) PETITIONER is directed to appear before the Magistrate on 29/8/2011 to serve out the substantive term of imprisonment for one day, till rising of the court, and to report the payment of fine. In default of his appearance, and non payment of the fine, the Magistrate shall take appropriate steps to execute the sentence in accordance with law. Revision disposed accordingly.