AJI KUMAR NALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I Act. He has ultimately been sentenced to undergo imprisonment till rising of court and to pay an amount of Rs.60,000/- as compensation to the complainant and in default to undergo Simple Imprisonment for a period of 3 months. The petitioner is employed abroad. He could not come before this Court to undergo the substantive sentence of imprisonment till rising of court. He therefore applied before the same learned Judge who passed the order for extension of time. Extension of time was granted till 24th September, 2005. In that order, it was reported and accepted by the learned Judge that the amount has been paid to the complainant.

(2.) The petitioner could not get leave and could not appear before the learned Magistrate all along. He is now coming to India. He apprehends that when he comes to India notwithstanding the fact that the amount has been paid to the complainant and the complainant had accepted and endorsed the same, he may be compelled to undergo the default sentence. The petitioner is willing to appear and undergo the sentence of imprisonment till rising of Court. But he apprehends that he may be sent to prison to undergo the default sentence notwithstanding the fact that the amount has been paid to the complainant. This he apprehends because in a later portion of Annexure-1 order it is stated that the amount must be deposited.

(3.) The relevant observations appear in para.4 and 5 of Annexure-1 which I extract below: (4. ....................................................................................... ................................................................................................ However, the petitioner shall pay a sum of Rs.60,000/- as compensation to the complainant and in default, he shall undergo simple imprisonment for three months. (5. The petitioner shall appear before the trial court on July 20, 2005 and deposit the amount of Rs.60,000/- on that day. On appearance of the petitioner, the learned Magistrate shall ensure that the petitioner undergoes imprisonment till rising of the court on that day. The amount of compensation deposited by the petitioner shall be disbursed to the complainant. If the petitioner fails to appear and make the deposit as directed above, the learned Magistrate shall execute the sentence forthwith." (emphasis supplied)