RAMANI Vs. M. SANTHOSH

JUDGEMENT

(1.) A cheque for 60,000/ - issued by the revision petitioner in favour of the complainant (first respondent herein) in discharge of a debt incurred by him by way of borrowal, was dishonoured due to insufficiency of funds. When he failed to make payment on demand the complainant initiated prosecution under Section 138 of the Negotiable Instruments Act before the Judicial First class Magistrate Court - I, Palakkad as ST No.2490 / 2009. The revision petitioner entered appearance in the trial court, and pleaded not guilty to the accusations. The complainant examined himself during trial and proved Exts. P1 to P6 documents. Though the revision petitioner made a defence of denial he did not adduce any evidence in defence. Accepting the evidence of the complainant the trial court found him guilty. On conviction he was sentenced to undergo simple imprisonment for one month, and he was also directed to pay the cheque amount as compensation under Section 357 (3) Cr.P.C.

(2.) AGGRIEVED by the conviction and sentence the accused approached the court of Session, Palakkad with Crl. A 46/2012. In appeal the learned Additional Sessions Judge confirmed the conviction but modified the sentence. Accordingly, the jail sentence was reduced to imprisonment till rising of the court. The direction to pay compensation was maintained. Now the accused is before this court in revision, challenging the legality and propriety of the conviction and sentence.

(3.) THE learned counsel for the revision petitioner made a request to grant some reasonable time to the revision petitioner to make payment of the compensation. On a consideration of the amount involved I feel the time for four months can be granted. In the result, this revision petition is dismissed in limine, without being admitted to files. However the revision petitioner is granted time for four month from this date to surrender before the trial court to serve out the sentence, and make payment of compensation, voluntarily, on failure of which steps shall be taken by the trial court to enforce the sentence, and recover the amount of compensation, or enforce the default sentence.