SHAMSUDEEN RAWTHER Vs. K N SOMARAJAN

JUDGEMENT

(1.) The petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for a period of two months. On appeal by the petitioner, the appellate court allowed the appeal in part. While confirming the conviction, the sentence was altered. The petitioner/accused was sentenced to undergo imprisonment till the rising of the court and he was directed to pay a sum of Rs.40,000/- as compensation to the complainant under section 357(3) of the Code of Criminal Procedure.

(2.) Learned counsel for the petitioner submits that the petitioner is aged 60 years and he is an agriculturist. He would find it extremely difficult to pay the amount of compensation and if compensation amount is not paid as directed by the appellate court, he would have to undergo default sentence of simple imprisonment for a period of two months.

(3.) Since conviction and sentence are not being interfered with in this revision, it is not necessary to issue notice to the first respondent/ complainant . In the facts and circumstances of the case and considering the contentions put forward by the petitioner before the court below, I am of the view that three months' time can be granted to the petitioner to pay compensation amount. In the result, Crl. Revision Petition is dismissed, confirming the conviction and sentence as now imposed by the appellate court. However, the petitioner is granted three months' time to pay compensation amount of Rs. 40,000/- . The default sentence shall not be executed for a period of three months.