BABU T.K Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is filed challenging the judgment of Judicial First Class Magistrate Court, Adimaly (for short 'the trial court ') in S.T.No.125/2015 which has been confirmed and modified by judgment dated 06.03.2021 in Crl.Appeal No.136/2018 by Court of Sessions, Thodupuzha (for short 'the appellate court '). The revision petitioner is the accused in the case and by the judgments under challenge, he was found guilty by the trial court under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act ') and sentenced to undergo simple imprisonment for eight months and to pay a fine of Rs.6,00,000/- which was directed to be paid as compensation to the complainant under Section 357(1) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C. '). He has also been awarded with simple imprisonment of four months as default sentence. The appellate court has confirmed the finding of guilt and modified the substantive sentence of imprisonment to imprisonment till rising of the court. The direction to pay the fine amount and the default sentence were maintained. Aggrieved thereby the accused is in revision.

(2.) The finding is concurrent and the proceedings on hand being revision, the dictum of the Apex Court in Bir Singh v. Mukesh Kumar [2019 (1) KHC 774 (SC)] bars exercise of revisional jurisdiction of this Court when a jurisdictional error is absent. The learned counsel for the revision petitioner did not succeed in advancing argument on a jurisdictional error and therefore, Crl.R.P. is dismissed in limine.

(3.) The learned counsel for the revision petitioner seeks for indulgence in enlarging the time for payment of the fine amount as directed by the judgments of the courts above. He seeks for twelve months ' time, which this Court is not inclined to grant. Having due regard to the prevailing pandemic scenario, this Court is inclined to grant three months ' time from this day for deposit of fine amount of Rs.6,00,000/- before the trial court. The trial court shall not proceed with any coercive steps to execute the sentence for three months ' now stands granted by this order. The revision petitioner shall appear before the trial court to serve the substantive sentence of simple imprisonment till rising of the court on any day, on or before 24.01.2022. The fine amount shall also be deposited within the time limit. In case of default of payment of fine amount within the time now stands granted, the trial court shall proceed to execute the sentence imposed by the appellate court as if it was not modified by this Court.