VINOD S. NAIR Vs. A.S. AJITHKUMAR

JUDGEMENT

(1.) THE accused was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. He was found guilty. He was therefore convicted and sentenced to suffer simple imprisonment for a period of one month and was directed to pay a sum of Rs. 1,70,000/ - as compensation to the complainant under Section 357(3) of Cr.P.C, with a default clause of simple imprisonment for a period of one month. In appeal, the lower appellate court confirmed the conviction and but modified the sentence as one to undergo simple imprisonment till the rising of the court and to pay fine of Rs. 1,50,000/ -, with a default clause of simple imprisonment for a period of two months. It was also directed that if the fine amount was realized, the same should be given as compensation to the complainant.

(2.) ACCORDING to the complainant, in order to discharge a liability due to him, the accused issued Ext.P2 cheque which on presentation bounced for want of funds in the account of the accused. A statutory notice issued to the accused neither invoked any reply nor was the amount paid. Hence the complaint.

(3.) WHEN this revision petition came up for admission today, the Learned Counsel appearing for the revision petitioner pointed out that the revision petitioner does not wish to address this Court on the merits of the case and only prays for some time to pay the fine amount as ordered by the lower appellate court.