P HANEEFA MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was found guilty for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment till the rising of the court and was directed to pay a sum of Rs.50,000/- as compensation under Section 357(3) of the Code of Criminal Procedure and in default of payment of compensation to undergo simple imprisonment for three months. The petitioner challenged the conviction and sentence in appeal. The appellate court confirmed the conviction and sentence.

(2.) The learned counsel for the petitioner submits that the petitioner is not in a position to pay the compensation amount immediately and that he requires three months' time to pay the same. Since no interference is being made either in the conviction or in the sentence, I do not think notice need be issued to the first respondent. I am of the view that two months' time can be granted to pay the compensation amount, taking into account the facts and circumstances of the case.

(3.) In the result, this Crl.R.P. is disposed of in the following manner.