EDAPPALLIYIL MATHAI THOMAS Vs. P.O.THOMAS

JUDGEMENT

(1.) A cheque for 2 lakhs issued by the revision petitioner in discharge of a liability incurred in an agreement for sale of his property was dishonoured due to insufficiency of funds. When he failed to make payment on demand, the 1st respondent herein initiated prosecution against him under Section 138 of the Negotiable Instruments Act before the Judicial Magistrate of First Class Court II, Hosdurg. He entered appearance in the trial court and pleaded not guilty to the accusations. The complainant examined himself and another witness, and marked Exts.P1 to P4 during trial. In defence, the accused examined himself and marked two documents. Finding that the evidence adduced by the revision petitioner will not probabilise the defence pleaded by him, and believing the evidence adduced by the complainant, the trial court found the revision petitioner guilty. On conviction, he was sentenced to undergo Crl.R.P No.1129 of 2014

(2.) IMPRISONMENT till rising of the court, and was also directed to pay a compensation of 2,00,000/ - to the complainant under Section 357 (3) of Cr.P.C. 2. Aggrieved by the conviction and sentence, the revision petitioner approached the Court of Session, Kasaragod with Crl.A No.72 of 2013. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly dismissed the Criminal Appeal. Now he is before this Court in revision, challenging the legality and propriety of the conviction and sentence.

(3.) 4. The learned counsel for the revision petitioner made a request for some time to make payment of the compensation in the trial court. On a consideration of the amount involved, I feel that the time for six months can be granted to make payment of the compensation in the trial court. In the result, this revision petition is dismissed in limine, without being admitted to files. However, the revision petitioner is granted time for six months from this date to surrender before the trial court to serve out the sentence and make payment of the 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.