JAYASREE Vs. COCHIN PETROMINE P. LTD

JUDGEMENT

(1.) THE accused was found guilty of the offence punishable under Section 138 of the Negotiable Instruments Act. He was therefore convicted and sentenced to pay a fine of Rs. 70,000/-, and in default, to undergo simple imprisonment for one month. It was also directed that if the fine amount is realised, the same will be given to the complainant. In appeal, the lower appellate court con- firmed the conviction and sentence.

(2.) ACCORDING to the complainant, in order to discharge the debt due to the complainant, the accused had issued Ext.P1 cheque, which on presentation bounced for want of funds in the account of the accused. Statutory notice issued to the accused invoked no reply, nor was the amount paid. Hence the complaint was lodged.

(3.) LEARNED counsel appearing for the revision petitioner did not address this court on the merits of the case and confines his prayer that the petitioner may be granted sometime to pay the fine amount so as to ward off default sentence. It is pointed out that there are three more cases and therefore some leniency may be shown with regard to the time to be granted for making the payment.