SATHEESH KUMAR K. Vs. SHEELAVATHI

JUDGEMENT

(1.) The petitioner has been convicted for the offence under Section 138 of the N.I Act as per the judgment dated 23.05.2016 of the Judicial 1st Class Magistrate Court No.II, Hosdurg in S.T. No.108/2005. The same was affirmed by the judgment dated 24.04.2009 of the Additional Sessions Court (Adhoc-III), Kasargod in Crl. Appeal No.277/2006. Aggrieved by the said conviction and sentence the petitioner had approached this Court by filing Crl. R.P. No.1847/2009 which was disposed of by this Court as per Anx.A-1 judgment on 09.10.2015 which reads as follows:

(2.) The trial court convicted the revision petitioner under section 138 of the Negotiable Instruments Act and sentenced her thereunder to simple imprisonment for six months and to pay an amount of Rs. 1,00,000/- to the complainant as compensation under Section 357 (3) Cr.P.C., 1973 The appeal filed against the said conviction and sentence was dismissed. Aggrieved by the said conviction and sentence, this revision petition has been filed.

(3.) Heard Sri. C.K. Sreejith, learned Counsel appearing for the petitioner and Sri. Saiji Jacob Palatty, learned Public Prosecutor appearing for the 2nd respondent State of Kerala. In the nature of the reliefs sought for granting this petition, notice to R-1 (complainant) stands dispensed with. It is submitted by Sri. C.K. Sreejith, the learned Counsel for the petitioner that though the petitioner could not deposit the fine amount within the time stipulated in Anx.A-1 judgment, he intends to make the deposit but that the Court below is not accepting the said amount on the ground that the time granted by this Court had already expired. The petitioner would contend that the default sentence clause cannot be enforced if the accused is prepared to pay the fine amount and in this regard the learned Counsel for the petitioner would place reliance on the legal principles laid down by this Court in Gireesh v. Muthoot Capital Service (P) Ltd. reported in 2007(1) KLT 16, Beena v. Balakrishnan Nair reported in 2010 (2) KLT 1017. and Sreedharan v. Bharathan reported in 2014 (1) KLT 236 (DB), etc.