GEORGE BOBAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition filed by the petitioner, who is the accused in S.T.49/2010 on the file of Judicial First Class Magistrate Court-II, Pala, for seeking extension of time to pay the compensation agreed, under Art. 226 and 227 of the Constitution of India.

(2.) It is alleged in the petition that, the petitioner was arrayed as accused in S.T.49/2010 on the file of the Judicial First Class Magistrate Court-II, Pala, which was taken on file on the basis of a private complaint filed by the 2nd respondent, alleging offence under Sec. 138 of the Negotiable Instrument Act. The amount involved in this case is 70,00,000.00. During the course of trial, the petitioner had expressed his willingness to get the benefit of plea bargaining and accordingly, as per the composition reached between the petitioner and the complainant, it was agreed to be settled for 59,00,000.00 and accordingly, accepting the composition and applying the provisions of plea bargaining after complying with the procedure contemplated therein, the learned magistrate passed Ext.P1 Judgment, convicting the petitioner for the offence under Sec. 138 of the Negotiable Instrument Act and sentenced him to undergo imprisonment, till rising of the court and also to pay 59,00,000.00, as compensation to the 2nd respondent, in default to undergo, one month simple imprisonment under Sec. 357(3) of the Code of Criminal Procedure and also six months time was granted for payment of that amount.

(3.) The 2nd respondent appeared through counsel and submitted that, one month has already been elapsed, and so, granting two months time from today is not advisable, as the amount was arrived at on the basis of plea bargaining and he is not entitled to get indefinite extension of time to comply with the direction.