T.M. SABU Vs. P.V. SADANANDAN

JUDGEMENT

(1.) A sentence of fine under Section 138 of the Negotiable Instruments Act is under challenge in this revision, brought by the accused in S.T. No. 2675 of 2007 of the Judicial First Class Magistrate Court, Vatakara. A cheque for 50,000/ - issued by the revision petitioner herein in discharge of a debt due to the 1st respondent herein was dishonoured due to insufficiency of funds. When the revision petitioner failed to make payment as demanded, the 1st respondent brought complaint in the court below. The revision petitioner entered appearance and pleaded not guilty. During trial, the complainant examined himself as PW1 and marked Exts. P1 to P5. The revision petitioner did not adduce any evidence in defence though he maintained a defence of denial during trial.

(2.) ON an appreciation of the evidence, the learned Magistrate found him guilty. On conviction he was sentenced to undergo simple imprisonment for three months, and was also directed to pay the cheque amount of 50,000/ - as compensation. Aggrieved by the conviction and sentence, the revision petitioner approached the Court of Session, Kozhikode with Crl. A. No. 123 of 2009. In appeal, the learned Additional Sessions Judge, Vatakara confirmed the conviction, but modified the sentence. Accordingly, the jail sentence was altered to a fine sentence of 56,000/ -. Direction to pay compensation under Section 357(3) of Cr.P.C. was accordingly reversed. However, another direction was made to pay 55,000/ - out of the fine amount as compensation under Section 357(1)(b) of Cr.P.C. The accused is not satisfied. He challenges even the legality of the fine sentence.

(3.) THE learned counsel for the revision petitioner made a request to grant some time for making payment of the fine amount in the trial court. What he requires is a reasonable period of two months. The 1st respondent was given notice on admission, but he remained absent. In such a situation, it would not be inappropriate to grant the request made by the revision petitioner.