A.AYYAPPAN, S/O.NARAYANAN NAIR Vs. RADHA

JUDGEMENT

(1.) ON an indictment under Section 138 of the Negotiable Instruments Act the revision petitioner herein faced trail before the Judicial First Class Magistrate Court -I, Thrissur in C.C No.1043/2006. Prosecution was initiated by the 1st respondent herein on the allegation that a cheque for 2,00,000/ - issued by the revision petitioner in discharge of the amount borrowed by him happened to be dishonoured due to insufficiency of funds, and inspite of statutory notice, the revision petitioner did not make payment of the cheque amount.

(2.) THE revision petitioner pleaded not guilty in the trail court, and claimed to be tried. The complainant examined himself as PW1 and marked Exts.P1 to P5 during trial. When examined under Section 113 Cr.P.C the revision petitioner denied the incriminating circumstances. In defence two witnesses were examined on his side and Exts.D1 to D7 were marked. On an appreciation of oral and documentary evidence, the trial court found the revision petitioner guilty under Section 138 N.I Act. On conviction thereunder he was sentenced to undergo simple imprisonment for three months, and was also directed to pay a compensation of 2,00,000/ - to the complainant under Section 357(3).

(3.) PENDING this proceedings the parties expressed willingness to have the dispute resolved amicably by mediation. Accordingly the case was referred to mediation, and the parties earnestly took part in the process of mediation. But the report of mediation submitted by the mediator is not something that can be enforced under the law, as a report of amicable settlement or resolution of the dispute forever. As the said report does not contain a resolution of the dispute forever, it is not acceptable to this Court, and so this revision is being decided on merits. However, in view of the amicable settlement the learned counsel for the revision petitioner made a request to grant time for one year to make payment of compensation. This was not opposed by the other side. I also feel that some reasonable time will have to be granted to the revision petitioner to make payment of the compensation.