A K MOHANAN Vs. P D BASHI

JUDGEMENT

(1.) THE suit is one for realisation of amount due under a dishonoured cheque for Rs,2,50,000/-(Rupees two lakhs fifty thousand only). It appears that proceedings were simultaneously initiated under the Negotiable Instruments Act also. The petitioner who was the defendant in the suit and the accused in the criminal case was convicted and sentenced to undergo imprisonment. But the sentence of imprisonment was only till the rising of court and the petitioner was further directed to pay a fine of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) as compensation under Section 357(1) of Criminal Procedure Code. It is conceded that the cheque amount of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) was consequently paid and the criminal prosecution dropped.

(2.) THE suit for realisation of money was decreed and the decree was put into execution by the respondent. The property of the petitioner was brought to sale after attachment. The respondent/decree holder himself bid the property in auction held on 22-7-2011. The sale was for a sum of Rs.2,00,000/- (Rupees two lakhs only) and the respondent remitted Rs.68,871/- (Rupees sixty eight thousand eight hundred and seventy one only) after adjusting Rs.1,31,129/- (Rupees one lakh thirty one thousand one hundred and twenty nine only) due under the decree on the date of sale. The sale has been confirmed on 7-9-2011 in regard to 10 cents (4.25 acres ) of property situated in Chembu village at Vaikom. It is seen from Exts.P6 and P7 series documents that the petitioner was paralysed and under treatment during this period. Therefore no application to set aside the sale under Order XXI Rule 90 of the Code of Civil Procedure was filed in time. But that does not disable the petitioner from invoking the provisions of Section 47 of the Code of Civil Procedure.